Legal Question in Wills and Trusts in India

My father had registered a will in 1998 wherein he has made my brother the sole heir of his house property, after the demise of my mother.

In 2001, he had made a settlement deed to my brother by which he has settled and registered half of the said house property in the name of my brother, so as to facilitate in getting a housing loan by my brother to construct the first floor for domestic purpose on the existing ground floor of the house property.

And in doing so he had not made any mention of the remaining 1/2 share not mentioned the existence of the Will in the settlement Deed.

MY QUESTION IS:

When such a Settlement Deed is registered after the Will, does the Will still stand effective or become NOT VALID,; Wherein the remaining 1/2 share of the house property not mentioned in the Settlement Deed of 2001 to be divided equally between me(the daughter), my brother(the son) and my mother(the wife).

OR IN OTHER WORDS:In the presence of the settlement deed registered and executed after the Will, am I (the daughter) legally entitled to a share of the house property?

Shivanki


Asked on 8/20/11, 1:36 am

3 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

a will is a document which comes in to existence once the maker of the will dies .... in your case say if your father made ur brother owner of that property for half share ..... and as per u if rest half share is not decided in the life time of father than that half share would go to your brother after father's death ... in short half share he settled in his life time and half after his death as per will... timing of settlement deed doesnt matter what matters is contents ....

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Answered on 8/20/11, 3:29 am
Sanjay Kalra Sanjay Kalra & Associates

The will becomes invalid after the execution of settlement deed.

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Answered on 8/21/11, 5:43 am
Bennet Master of Law Bennet Raj Law Office

Settlement is only for half portion

Will will prevail for remaining half portion

Try to raise technical defence or plea, Will is invalid

J. Bennet Raj, M.L., Advocate

Bennet Raj Online Legal Solutions

[email protected]

9443770000

54, Naganathar Building

Heber Road

Opp To Combined Court Buildings

Cantonment, Trichy 620001

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Answered on 8/21/11, 9:57 am


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