muthusamy (retired govt.servant) 17 January 2009
Solicitor Chirag Shah (Advocate & Solicitor) 19 January 2009
As per my views, any property which is not mentioned in the will by testator will be divided as per the Testation Law Applicatble to him/her.
Will is basically prepared to devide and transfer the estate as per the wish of the maker/ Testator. Will is applicable to particular properties or estate mentioned in the Will itself.
one can (Testator) make a codicil to add or alter any clause of the Will.
Go through the will and see is there any providion about property purchsed during his Life Time or about any Remaining Estate which is not included in the description of Property.
Go through properly you will get the solution.
For any help feel free to email me at --- adv.shah@hotmail.com ---
muthusamy (retired govt.servant) 19 January 2009
I have enclosed a reply from Mr. sanjeev desai
Dear Muthuswamy,
In my view of the said Will is void, "executor at the time of execution of will do not has any thing he can't bequeathed any thing"
Court presuming that "one who do not has anything he cant has right to give anything"
Absolutely, after the demise of your father his all legal heirs have the right to the Properties which were acquired by him including son of first wife.
if i found any case laws in this regard i will forward you...
sanjeev desai.
Kindly give your opinion to my email address pearlsawme@yahoo.co.in .
Thanking you
muthusamy (retired govt.servant) 19 January 2009
Respected Chirag shaw, I read your private message and I hereby thank you and I will follow your valuble guidance.
Adv.Shine Thomas (Advocate) 20 January 2009
It is necessary that the bequathed property should be in existence at the time of the death of the testator.It need not be in existence at the time of exicution of the Will.So in my view, the will is a valid one.
P.Muthusamy (Retired Senior lectureu (Technical Education)) 24 January 2009
Thank you very much for your reply.
Sushil Kumar Bhatia (Advocate) 27 January 2009
Dear,
In my view the said WILL is valid for those properties which were purchased by executant before execution of will those properties purchased by him after execution of WILL is not covered by the said WILL and all heirs have equal shares in the property left by the father without any instrument.
Anil Agrawal (Retired) 15 February 2009
Does it mean that the testator should go on updating his will till his death?