Validity of will
milind phope
(Querist) 02 February 2012
This query is : Resolved
"A" was leased out a plot by a society in 1969 for 999 years by a registerd lease deed.
"A" later made a registerd WILL in the year 1990 for this complete plot.
In year 2003 "A" has surrendered this plot by a registerd surrender deed.
Again in 2003 "A" was leased out half of the same plot and "X" was leased out the other half of the plot by a new lease deed for next 999 years."A" expired in 2004.
My query " Does the WILL made by "A" in 1995 apply for the half plot taken by fresh lease deed by "A" in 2003,or the new WILL was nessesary ?
R.Ramachandran
(Expert) 02 February 2012
Dear Mr. Milind,
As you are aware, one can give by way of WILL only what he owns. If the property which one WILLs does not remain at the time of the testator's death, then the WILL becomes useless because one cannot get anything out of such a WILL since the property which was bequeathed itself does not exist.
Similarly, in the instant case, the property which was owned by "A" was surrendered by him in the year 2003. Therefore, what was bequeathed by WILL of 1990 does not exist.
What subsequently Mr. A acquired in the year 2003 is a fresh property. Therefore, there has to be a fresh WILL by "A" subsequent to his acquiring the fresh rights of the plot in question. In the absence of such a WILL, the property will go by way of inheritance.
Raj Kumar Makkad
(Expert) 02 February 2012
In the given case, the earlier will stands falsified on the day A surrendered the whole property to the society. Though A again got lease for 1/2 of the property by way of fresh lease-deed, then also a falsified will shall not be helpful to the beneficial mentioned therein and the law of inheritance shall prevail.
milind phope
(Querist) 02 February 2012
I want to thank Mr.R.Ramchandran for the initial and detailed advice and also thanks to Mr.Rajkumar Makkad for his advice on paralal path to the earlier one...Thanks again to both of you, Sir.....
