Validity of will as the property legally transferred in father's name


My mother died in 2010.She was owner of a flat thru p/a . The flat was then transferred in my father's name by the consent of all the 4 brothers. My father died in 2014. My youngest brother who was living my parents declined to share the property amongst all the brothers and produced a will allegedly written by my mother in his favour. My question is 1) if the will is still valid as the property was legally transferred in my father's name.

Answers (4)


324 votes

The law of succession is very clear at the same time a registered will is equally important document to lay a valid claim upon the property. The documents which transferred the property in the name of deceased father can be of help both ways.


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292 votes

Hello,
Is that WILL is registered? If it is a registered WILL then it is still valid, but without knowing about the WILL it is not possible to suggest you the better legal options, a fake WILL cannot be transferred, kindly revert back, hope I can help you in this case.
Jayatee Chatterjee
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121 votes

No, if your father had become the owner of the property, then mother's will does not mean a thing as one can't transfer something which he/she does not have.

you have mentioned that she was the owner through power of attorney? Please explain whose power of attorney? what is this transaction of brothers consenting and making father the owner. Ideally, after death of the mother, property will devolve upon the father and brothers in equal share. Please explain the facts in a little more detail.

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321 votes

Hi. In the narraw conspectus of facts shared by you, the answer to your query is No it is not valid. You will have to institute appropriate proceedings to get a share in the property of your father and also seek cancelation of the alleged Will.

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