Limitation
Check Madar
(Querist) 17 July 2020
This query is : Resolved
Dear Advocate Sir,
In brief:
We are Muslims and my father got married in the year 1931, he left 5 sons and 2 daughters. and an old house property.
He had executed a conditional and religious will in the year 1982 in favour only one of the legal heir-co sharer
for half of the property on certain terms and another half on. certain conditions,
The existence of such a will came to my knowledge by the year 2013.
Now I have proposal to file a case to declare such a will is not valid.
does it come under limitation limit?
Is there a limitation of 12 years from the year 2013?
Pls advise me, and thanking you
Dr J C Vashista
(Expert) 18 July 2020
Limitation of 3 years starts from the date of knowledge for filing a petition for probation of the will or suit for declaration of will as null and void .
Dr J C Vashista
(Expert) 18 July 2020
Show the document of will to a local prudent lawyer practicing in Muslim Personal Law for better appreciation of facts/ documents, professional guidance and necessary proceeding.
SHIRISH PAWAR, 7738990900
(Expert) 18 July 2020
Hello,
You have to challenge the will within 3 years from the date of knowledge. So your claim will be out of limitation. Visit local advocate he may find some solutions.
Rajendra K Goyal
(Expert) 18 July 2020
Limitation is 3 years.
Discuss in detail with local lawyer expert in personal law and proceed accordingly.
P. Venu
(Expert) 18 July 2020
Facts, as posted, lacks clarity.
What do you mean by conditional and religious Will - and legal heir co-sharer?
Are there one Will or two Wills?
Who are the beneficiaries of the Will?
Apparently, your father is no more? When did he die?
What is the present status of the property? Who is in possession/occupation?
How did you come to know of the alleged Wills?
