Legal view of the will and property sharing

anandhi asked

My grandfather and grandmother have four sons and a daughter. They owned properties individually and written a will in 1973 dividing the properties among their legal heirs. The will states that it will come in to force after their death and in case of one per-diseases the other, the surviving person will be the owner of the properties till his/her death. The will can be cancelled or modified during their life period. My grandmother passed away in 1982. Afterwards my grandfather constructed an up-stair portion in one of the properties. Obviously, this has no mention in the earlier will written in 1973. So, grandfather had written another will, registered in 1990 by distributed the four portions in the upstairs to four sons. He passed away in 1991. In 1991, after the fathers demise the four sons mutually consented and agreed upon to exchange their portions through a notorised document. This was not registered. All the four brothers passed away. However, during their lifetime, they enjoy

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Answers

jaibansal answered

Dear Sir

What is your question here, I am unable to understand.

Regards,

Jai Bansal, Advocate
New Delhi
Mob: 9868566649
Email: bansal.jai@gmail.com

manish answered

Based on the facts stated, the legal position can be understood as follows. The will executed by the grandparents in 1973 was a valid testamentary document, but it clearly allowed modification during their lifetime. After the grandmother’s death in 1982, the grandfather became the absolute owner of the properties as per the terms of that will. Therefore, the construction of the upstairs portion and the subsequent registered will executed by the grandfather in 1990 are legally valid and binding.

The 1990 registered will would prevail over the earlier 1973 will with respect to the upstairs portions, as it reflects the final intention of the testator. Upon the grandfather’s death in 1991, the four sons became owners of their respective shares as per the 1990 will. The mutual exchange of portions among the brothers through a notarised but unregistered document, although acted upon during their lifetime, does not create or transfer legal title in immovable property under Indian law, as registration is mandatory.

However, long-term enjoyment, possession, and absence of dispute during their lifetime may carry evidentiary value but cannot substitute statutory registration. Any present claim by legal heirs would ultimately depend on registered documents, possession records, and revenue entries. As You Are Ensured would generally advise, resolving such matters may require verification of title documents and, if disputes arise, appropriate legal proceedings for declaration and partition through a competent civil court.