Clarification on share of daughter in deceased father's property
18-Aug-2023 (In Property Law)
My father died in 2016. He got 16 acres agriculture land through partition made among his brother 1976 only. I am the only daughter to him. He made will for 11 acres for me. Now remaining 5 acres is transferred to my mother name after his death. Now presently in R.T.C pani is running on her name from last 2 years after father death. But now my uncle's son came showing will in which 5 acres is on his name written by my father and will is also not registered. Can will have weightage?
A will need not be registered if it is attested by two witnesses. However a registered will have weightage over unregistered will. If your uncle's son has forged a will for unlawful gain. You may question the validity of will by initiation of civil/ criminal proceedings. You may register an FIR under section 464 of IPC for forgery.
In case of will registration is not compulsory as per the law.Even the unregistered will allso a valid if it is made by properly signed and attested by the two witnesses is valid.But now the will has to be proved through the court if anybody put objects the will the mutation of RTC is not possible
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