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Mother made will later sell part of the land is it still valid
04-Oct-2023 (In Property Law)
my mother wrote will on land 3960 square feet in my name in the year of 1998 then in the year 2000 she gave 1521 square feet(empty land in 3960 sqft to my younger sister after that will was not corrected. now is the will valid in my name. Note: at the time of parting land to my sister nowhere will is mentioned my mother died on 2010
Is that will ,made by your mother, registered? ????????? ??????????????????????????????????????????????,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,?????,,,,,,,,
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Adv. Abarajithan R
Trichy | 25+ Answers
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If it is the self-acquired property of your mother then she can write a will to anybody and as per your statement she wrote the will in your favour in 1998 but again in 2000 without mentioning the will she gave a portion to your sister. Since your mother has not mentioned the will it can be interpreted that she cancelled the will and the will has become thus infructuous. You can probate the will to prove that it is genuine but it will not be any use because of the subsequent transaction. Any how the rest of the property will go to the legal heirs.
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Adv. G. Asok
Chennai | 100+ Answers
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The Will is valid in respect of the remaining parcel of land (3960-1521=2439 sq. ft.). You have to file a petition at the proper court for a declaration to the effect. The portion gifted to your sister and the remaining portion of land should be clearly defined.
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Adv. Swaminathan Neelakantan
Coimbatore | 700+ Answers
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