Legal Question in Wills and Trusts in India

Will & piece of land

A to D are brothers and S was sister. On partition deed executed in 1925, D & S are minor and C was guardian to them. Piece of land was given to S as their father’s gift (Manja Khni). In partition deed between brothers the word, if there is no legal heirs for S, the piece of land given to S is to be shared by all. Such a situation was happened in 1955. In 1955, as she lost her husband and no one to take care, she came back to stay with his brother ‘C’ and she also died in 1957 and final rituals was done by ‘C’ alone. After her demise, In 1959, C executing a REGD WILL, in which the piece of land was mentioned as his own and that the land can be shared by his ‘C’s two sons after his demise. In the 1959 WILL executed by C, B and his elder son, who was a practising advocate were witnesses to the Registered WILL. In 1972, A’s 2 sons making a partition deed, in which also they have not mentioned their right about the piece of land given to S. In such a situtation, Who can claim the right over the property, since ‘B’ and his elder son were witnesses to the REGD WILL exeucted by ‘C’ and A’s sons did not mentioned about the piece of land in their partition. Please give your advise.


Asked on 7/05/08, 7:09 am

1 Answer from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Will & piece of land

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Answered on 7/17/08, 4:30 am


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