Which document prevails—partition deed or grandfather’s later will?

My grandfather divided his property into three parts—one for his elder son, one for his younger son, and one retained for himself. In the partition document, he mentioned that his portion would be equally divided between his two sons after his death. However, later he made a will stating that his share would go to only one son. Which document will prevail?

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Advocate By LEAD INDIA Answered: 28 May 2025

The registered partition deed will usually override the later will unless the partition allowed future changes. If the property was already divided and registered, your grandfather could not legally alter it through a will. A civil court can clarify ownership if any family dispute arises over this. For further legal assistance contact us on our helpline number.
 

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