Querist :
Anonymous
(Querist) 22 October 2011
This query is : Resolved
My father died in 2005 leaving a Will, written by another person, signed only on last page by my father. The Will is also not registered. I am named as Executor in this Will. I also took copy and sent it in 2005 to other beneficiaries, my step brother and step sister. The Will says no action till my step mother is alive. And she is alive till date. And hence no action is taken on the Will till now.
But I find the other beneficiaries of the will, my step mother and her children are very hostile to me and have thrown me out of the house.
Can I now file suit for partition ignoring the Will and its contents though I am supposed to be its Executor ?
M.Sheik Mohammed Ali
(Expert) 22 October 2011
once made out will you will not tamper the rights, best engaged a lawyer.
Sankaranarayanan
(Expert) 22 October 2011
yes i do agree with mr sheik
prabhakar singh
(Expert) 24 October 2011
since you have already announced the will,it would not be proper on your part to file a suit ignoring the will. To check the validity of will to find as if it is drawn in accordance with law and is duly signed by the testator and attested by two witnesses either attached the will or take the help of a local lawyer.
Devajyoti Barman
(Expert) 24 October 2011
Wile ignoring the Will/ You can file a suit for partition on the basis of the terms of the Will itself.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup