Real life cases arising due to absence of will or discrepancies in the will

Continuing from where we left off in September, explained below are few cases where after the demise of the person lot of problems and misunderstanding arose due to scribbling. :-

1. In Trichy, a father had written his will stating that his two houses should be taken by his two sons; one house to each and 6 acres of agricultural land should be divided equally between both the sons. After the death of the father, the will was seen and a lot of misunderstanding arose between the two sons. One issue was which house is to be taken by whom (since both were located at different streets), with different dimensions. Another issue of contention was whether the land has to be divided north/south or east/west or road facing/backside.

After 6 months of logjam over these issues the relatives came together to reach an amicable settlement and with great difficulties the issues were finally resolved. But both the brothers were not happy with their allotted property. Fortunately they did not go to the court.

2. In Chennai a father had 3 grounds of land. In the will he had written the lands have to be divided equally between his son and daughter. After the father’s death they found it difficult to divide 3 grounds between two people. Finally they sold all the 3 grounds and divided the money equally amongst themselves even though they didn’t need the money at that point of time.

3. In Tanjore a father had 11 acres of agricultural lands in 6 survey nos. While writing the will he missed two survey nos. in the will. After the father’s death his sons and daughters (total 8 people) found it difficult to settle the property. Out of the 8 people two were abroad.

4. A grandfather wrote some properties in the name of his two grandsons using their nicknames – APPU and KUTTY. But actually their name in the records is Paulraj and Kathirvel. After the death it was discovered that the will mentions their nicknames instead of their official names. Now they are finding it difficult to correct it since their grandfather is no more to rectify the error.

5. Near Tirunelveli a landlord had 40 acres of agricultural land and a big house in the village. He had two sons and four daughters. All his children were married and he had 12 grandsons/daughters. At the age of 62 he was advised to write the will, but he refused to write the will and told that his land and house were to be shared among his two sons only since he had done enough during his daughter’s marriages.

Suddenly he passed away and after six months the two sons decided to divide the land and house in two and get the properties changed in their names. They asked their sisters who were living in different places to come to Register office at a date fixed according to their convenience. But they did not come on that date. Finally during summer vacation they came for discussion and told that all the four sisters should be given 5 acre land each only then will they sign the documents.

The discussion went on for more than one year and finally the two sons gave 4 x 5 acre=20 acres of land to their sisters and they took 10 acres of land each. This was not as per the wish of the father. If he had written the will this problem would not have taken place.

Conclusion:

So it is advisable to write the will with the help of an expert/consultant in the field and it is better to get the will registered in the sub register office even though it is not mandatory. All the properties to be listed with complete details about each property with survey no., patta no., village name, sale purchase document no. etc. Each son’s/daughter’s properties should be mentioned in schedule A, B, C and if required the sketch can be attached.

Please feel free to get in touch with us if you have any queries about writing will for your needs.

Have a great day!

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