interpretaion of statement in the will
muthusamy
(Querist) 16 June 2009
This query is : Resolved
My father has stated in his will , "After having allotted properties individually as above ( in this will) which each individual will get after my life time, if there are properties left out in this will and the properties that I would acquire in my life time will belong equally among the five sons of my second wife"
Really, my father purchased a house with vacant land, in his name.
Now there being litigation about the left out properties among the brothers,the matter is now in the court.
My brothers" lawer interprets in the statement of my brother that since the property is not mentioned in the will( incidently it cannot be shown in the will, being purchased after writing the will} the property is indestate property.
Waiting for learned lawers guidance in this regard. Is the property intestate or testamentary.
A V Vishal
(Expert) 16 June 2009
Mr Muthusamy,
The intention of your father is clear and there is no ambiguity about the same, the opponent has taken a stand only which can be contested by your lawyer
A. A. JOSE
(Expert) 17 June 2009
It is absolutely clear from the wordings of the will itself that your father had made provision for the distribution of left out properties, including those acquired by him subsequent to the will and as such the property in question can very well be termed as testamentary . Opponents may take any stand and your lawyer should be able to tackle this point.
Uma parameswaran
(Expert) 18 June 2009
Any property acquired by testator after making the WILL shall pass thereby in a manner written in the last WILL.
