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KR Kumar (Son)     05 December 2011

Status of will

 

My Father acquired certain property and before dying registered a will in which he gave full rights to my mother. In the same will, he also desired that after demise of my mother, the property totally aquired by him shall be equally distributed between us two brothers. My qureries are:-

(a) If my mother does not execute the Will, can I and my brother execute the Will?

(b) In case there is a litigant other than two of us brothers, does the Will becomes Null and Void because my mother has not executed the Will which enpowers her with full rights to enjoy and alieniate the property?

(c) In case I had a third brother and he had been outsted from seeking claim on any portion of the property including cash balances in banks and jewelry, does the Will become null & Void becuase my mother did not execute the Will?

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 3 Replies

KR Kumar (Son)     05 December 2011

The queries are based upon presumption that My mother expires before executing (Read Probating for execting/execution whereever it appears) the Father's WIll.

sumana (practice)     08 December 2011

the will wil not become void. If your mother does not take the probate then in her absence either of the two named brothers can apply for probate. Only those persons will get the property whose names has been given inthe will by your father. If he has named you and your brother in the will then you bother will inherit equal share only after the demise of your mother but not before that. If you are having any third brother and if his name has not been mentioned inthe will then there is no chance of him to get any share of the property.

I hope the above expalnation clears your doubt.

Somnath Das (executive)     17 December 2011

What would be the status of the will , if a disgruntruled brother files a partition suit , and obtains a preliminary decree of partition by supressing the existence of the registered will .

Will the proceedings for probate be treated as null & void , post a preliminary decree of partition ?


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