chellinging a registered will

Querist : Anonymous (Querist) 03 November 2009 This query is : Resolved
Dear sirs,

My query is this that a person died leaving 2 sons and 3 daughters.as his will is registered but the language of will is not correct,as there is a lot of mistakes in drafting that will.

my querey is this that if language is not corret then it will be beneficial for the daughters to get share for the said property if the property is self aquired.

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A V Vishal (Expert) 03 November 2009
The law says that in such cases, the intention of the testator has to be guaged by viewing it from the eyes of the testator, hence even if there are grammatical errors or the language is not clear, the entire gist of the will needs to be taken into account to give a meaningful view of the deed.

adv. rajeev ( rajoo ) (Expert) 03 November 2009
mistake in the language does not make any difference, but the will should be understand , there should not be any confusion. if the testetor intention is clear regarding the distribution of his property and to whom properties are given thru., will.

niranjan (Expert) 03 November 2009
I agree with the above opinions

Raj Kumar Makkad (Expert) 03 November 2009
Mere mistakes in language is not a sufficient ground to take the share of the daughters as you asked. The whole will is to be understood in its right perspective and right of rebuttal is available to the other party also in such situations. There is a case decided by Apex Court of India in such matter.

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