A Will was made some years back stating that the immovable property is to be bequeathed to charity and after those years later... the same property was transferred in the form of a gift deed by the old mother M ( age 91) to her son B keeping siblings C,D, and E uninformed about such transfer. However, one of the siblings D is aware about the Will and possesses a copy of the Will. Can the Will overpower and succeed the Gift Deed? In other words can the Gift Deed be nullified?
Asked 3 years ago in Property Law from Mumbai, Maharashtra
No, if there is any subsequent document to will, the latter will prevail over the former. however, you can challenge the gift deed and question the legality of the same.
was probate obtained of the will ? please clarify . you have raised 3 queries today . in each of the queries facts stated are different . in other 2 queries there is no mention of will .
if as per will property was bequeathed to charity and probate obtained of will then mother had no power to execute the gift deed . in favour of one son . you can move court to challenge the gift deed .