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My father wrote a registered will in 2001, giving me a 140 sq. yd house. He died in 2012. Later, my brother made a fake, unregistered will dated 2012 (three months before my father’s death), dividing the house into four equal parts among me and my three brothers (all lawyers). I'm still living in the house and collecting rent. The matter is in civil court — a dispute between the 2001 and 2012 wills. I'm a taxi driver with no other income and want to apply for an EWS certificate for my son. The EWS rule says no property over 100 sq. yd, but a local lawyer told me that since the property is disputed, it legally doesn’t count as my asset until a court judgment is passed. As per the 2012 will (which is in effect until canceled), I only own 35 sq. yd. My lawyers advised me not to mention the 140 sq. yd in the EWS affidavit. I’ve been in court for 8 years, financially and mentally exhausted. Can I apply for an EWS certificate for my son under these circumstances? Until the court order, which will — 2001 or 2012 — is considered valid for EWS purposes?
As per EWS eligibility norms, residential property under a notified municipality must be below 100 sq. yds, and under non-notified areas, below 200 sq. yds. Since the property is under court dispute, only the 35 sq. yd share (as per the 2012 will) can be declared. The affidavit must clearly state the pending legal dispute and limited ownership. For further legal assistance contact us on our helpline number.