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Indian Law/Will Alteration after death of the person who wrote will


Dear Sir/Madam.

My grandfather wrote a will and clearly stated what should happen with the property in terms of successor being my father,mother,uncle and grandmother.Its registered,legal and last will he wrote.
As per my grandfather's wish the property was divided into two successor groups namely my grandmother and uncle , and my father&Mother.After death of all of the above listed,I am the one whom the property belongs.

My uncle is a divorcee however aunt is living with us from long on mutual agreement. My uncle now wants to do some mutual agreement that after the death of my grandmother and him, aunt will also have the full right to the property that he used to have while he was alive.
He has no objections in the property coming to me after death of his wife but wants to make sure for all good reasons that aunt can also have the same benefits after his death.

My question is as below:

First of all can this be done to a will ?
Secondly is this a simple task or would prove to be tricky in future because of any reasons ?
Is there an opportunity for challenging the will?


Alteration in the WILL can be made only by the maker of the Will and no one else.Hence, after the death of your grand-father, his Will cannot be altered by anybody.The Will can always be challenged on the ground of its invalidity like the person who made the Will was not of sound mind,he was compelled to make the Will under coercion,there were no witnesses etc.However, the Family members can enter into a Family Settlement Deed for equitable distribution of wealth and also to maintain peaceful and cordial relation in the family.Since it relates to division of property, it will require registration.Even courts have recognised such mode of settlement.For further details please consult a lawyer and follow his advice in the matter.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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