1) file suit to set aside gift deed made in favour of second wife
2) also sale made in favour of relative
3) enclose copy of grand father will bequeathing property to you
4) I presume will is attested by 2 witnesses
Settlement and Sale deed
My grandfather bought a property and has settled shares to my father . My father is married to two wives. And my mother is the first wife. Second wife of my father have a son as well. My Father & wives are still alive. But not knowing to knowledge he has done settlement clause to second wife most of the property and even the house that me & my mother currently residing on 2015 . And there one part of the property which is made a convenient clause and sale deed to a relative of second wife. The last registrations that were made is on 2017. I came to know about this recently on 2020. I have a knowledge from my uncle that there is a will of my grandfather present which tells that i am the owner of the property with my father as guardian till i attain some age. But i am not sure that it was the last will of my grandfather. Please help me with few solutions on how to attain the property for my mom
Asked 4 years ago in Property Law
Religion: Christian
8 Answers
Thank you Sir! I have a doubt the will my uncle has might not be the last will of my grandfather. I have a doubt the last will might have been changed, before my grandfather died If the last will is changed , will that cause a problem in my case?
Asked 4 years ago
First u have to file a suit for null void of those deeds on account of the property which is bequeathed by you by the way of WILL .
Next You have to probate the WILL.
Yes there might be a problem in your case in respect of the genuine of the WILL and the same may be decided by the relevant court based on the cross examination and argument.
For more information contact.
Thanks and regards.
Last will supersedes earlier wills if any made by grandfather
If your grandfather had transferred his property to his son, i.e., your father by a registered deed, then the property becomes your father's own and absolute property.
Meaning thereby, your father can transfer or alienate or sell the property to anyone of his choice in the mode and manner he may desire and desire.
Your father's authority cannot be questioned by anyone for any reason becasue he is th absolute owner of the property.
You say that your grandfather had transferred the property to your name by a testamentary disposition i.e., by a Will, why don't you dig it out and see if it is still enforceable.
The problem in this is that even though your grandfather had written the Will and that seems to be his last Will, since your grandfather transferred the property by a registered deed to your father during his lifetime, the Will shall become infructuous in the absence of any property to acquire by the beneficiary.
First of all you trace out the Will and produce the same before a skilled advocate in the local and obtain his opinion on further issues, if recommended, you may proceed with a case seeking share in the property.
There is no question of enforcing the Will even if it is considered to be the last Will because your grandfather had transferred all his property by a registered settlement deed in favor of your father, during his lifetime.
Therefore the Will is of no use when there is no proeprty to enforce the same after the death of the testator.
Yes it will definitely cause issue if it's genuine
1. His second marriage is void, but this does not invalidate the settlement he made in favour of his second wife and her relative. One is free to transfer his property to even a total stranger.
2. If there is a will in respect of the property which your father has settled in favour of his second wife and her relative then your father had no competence to execute the settlement. Find out the will and then challenge the settlement through a suit for declaration in the civil court.
3. Search the office of jurisdictional sub-registrar to trace the will.
Prove the WILL before Court of Law and challenge other transactions.
Regards
G.Rajaganapathy
High Court of Madras
