Can Registered Gifted and Mutated proper be claimed ?
In 2009 , my father made a gift deed , followed by Regd. Will , mutation in my name . Unfortunately my father expired on November’14
Adv. of my brother sent me a notice to partition the said property and handover 1/3 part, else he shall file a suit .
He mentioned that my father made another will on Sept’14 stating that he wanted property and other belongings should be equally divided among his 3 children. He also stated that the said house was built with his ancestral house proceeds.
KINDLY NOTE THIS IS 100% WRONG. WHAT IS THE FATE OF MY CASE THOUGH MY LAWYER HAS already filed a CAVEAT
For exexution of any 'Will' you will have to pursue with the probation of will. Probation of Will basiclly means that you go ahead with the proving of validity of the will.
However the second Will can be challenged by way of filing a suit.
To note that if the ancestral proceeds were used for construction of property there should be due evidence proving the said fact and investment of proceeds from the ancestral property should have been consented by the other coparcners.
Will and Property matters are sensitive. To give an accurate advice documents like the Will and other documents pertaining to property need to be looked into.
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