Deepak
17 March 2022 at 08:51
An Application is filed in Civil Court for grant of Heirship Certificate and Succession Certificate for the amount kept in Bank... after proclamation in newspaper an objection is taken on said applications stating that the deceased mother and fathers have written a will and formed an trust to bequeth their property and liquid cash to the trust..
Brief Facts:
1. the applicant is adoptive son of deceased father and mother.
2. both the deceased had taken the applicant in adoption from his real father and mother through a registered adoption deed in registry office in year 1999
3. deceased father was professor in collage and after retirement he started practice as an advocated in local district court.
4. in year 2002, some quarrel had taken place between them and the adoptive son started living separtely since then.
5. in year 2007, the adoptive father filed a suit for declaration of adoption deed as null and void stating that the deed was executed nominally and to permanantly restrain the adoptive son from their property, in this suit, the applicant did lead his evidence, but the court passed the decree in part, i.e. the adoption deed was confirmed as it had presumtion of sec 16 of registration act and restrained permanntly to applicant from their property as it was self acquired property.
6. after this, the adoptive parents of applicant filed an appeal in District Court and the court confirmed the decree of lower court.
7. after that, the adoptive parents have filed a Second Appeal in year 2012 and the same is pending before the High Court.
8. During pendancy of the Second Appeal, the second appealnt i.e. mother died in year 2019 and first appealant i.e father died in year 2021.
9. after the demise of his father the applicant filed an application in civil court for grant of heirship ceritificate.
10. in this application, the trust had taken objection stating that his adoptive father and mother had made an will in their lifetime and in those will deed they bequethed the said property and liquid cash on the name of that trust.
11. the trust also appeared as next friend in second appeal at high court and requested to not to abate the appeal thereto.
12. after taking objection, we enquired that, and found that, since year 2004 right before filing of the suit of declaration and null and void of adoption deed, the deceased father and mother were making wills and later on cancelling the same will deeds stating they do not have any son or daughter or any adoptive son etc. they both made wills in year 2004, 2007 and then in April 2011 and after that in year August 2011.. the will deeds if August 2011 had been filed by objection petitoner in the present application as their last will deeds.
13. in the last will deed they both had stated that they are bequething their properties and cash to a trust they are forming, but at the time of making the will the trust was not in existance, the application for registration of trust was given after making a will only i.e. after 15 days of will deed registration...and it got legal sanction after 5 months of will deed registratration....now the question arises is that is it tenable in the eyes of law..can a will be made on the name of trust which not in existance as per law...?
14. No Medical fitness certificate is attached on will
My Queries..
i) Can Will be made on the name of Trust which was not in existance at the time of registration of Will as per law..? (If not, pls provide me relavant case laws)
ii) Can a Will is tenable without having fitness certificate of certified medical practioner..
iii) The lower court permanantly restrained the applicant from their properties to the applicant, can applicant have rights to enjoy the property after their death, as thier rights are not there anymore after their death..?
iv) what kind of defence will help me out in such case.
v) Can I challange the both will deeds and if yes on what grounds I can challenge both the Will Deeds...?
pls let me know...thanx in advance..!!
Abhishek
05 March 2017 at 23:03
Dear sir I am Abhishek Saraswat travelling from Laksar -Haridwaar to Saharanpur for getting my connecting train from Saharnpur to Mathura. So there will be no Express or mail train for getting my train from saharanpur so I'll travelled in passenger train with my wife n son with valid tickets when train is just arriving in saharpur a person snatched my wife purse in the running train and get out from the train purse contains gold oarnamemts of worth rs 2.5 lacs sir is there any rule for compensation from railway of travelling in passenger train we also lodge an FIR in GRP Saharanpur . if there any rule so please respond. regards Abhishek
Deepak
28 February 2017 at 10:04
I filed a criminal case u/s 498a 304b 34 of ipc against my jijaji but i lost and they have been acquitted on the grounds of general and vague allegations on 7/9/2016. Now after almost 154 days my jijaji have filed a suit for damages and sent notice to me and my other 5 relatives including my mother on 8/2/2017. Now i m trying to appeal in higher court to make a stay on the suit of damages. is this possible now..? does the appeal get admitted in higher court after the limitation period...? please help me find the solution to get the rid of the damages suit..
Deepak
10 September 2016 at 17:34
Hello All
What is the time limitation for the appeal in high court against the acquittal in sessions court..
pls reply
thank you
Deepak
04 September 2016 at 06:45
Dear All
What grounds should be there for conviction u/s 498a and 304b ipc..??
I mean what are the basic ingredients of said above both sections in eye of law which r to be proven..??
Deepak
30 August 2016 at 10:24
Hello All Experts..
Just wanted to ask that in a case the M.O. has given the opinion about cause of death as
"The Cause of Death Cannot be ascertained"
whether in above opinion sec 304b arises..?
and what grounds should be needed to prove section 498a..?
mere oral evidences of interested witnesses are enough to prove the sec 498a..
(they have not produced any single documentary evidence before the court in relation to demand of dowry, cruelty or harassment, even neither they have mentioned any date of demand in FIR nor in deposition in the court..)
And Most IMP: there is not a single independent witness examined by prosecution..
in all above said facts n cirucmstances of the trial...Experts..what do you think..what will be the verdict of the court..??
Awaiting your Expert Replies..
Thank You..!!!
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About wills and the trust
Can A Will be executed on the name of the TRUST which is not in existence as per Law on the day of registration of a Will..??