Citation in will .
Ramesh
(Querist) 08 September 2012
This query is : Resolved
Dear Experts,
In a will 'TESTRATRIX' says "all my remaining lands which are either in my personal cultivation or under tenants are bequeathed to Sri.Mr.'X' Son of Mr.'Y', After my life time he shall take appropriate proceedings for either recovery of the land or of compensation from the persons in occupation and take possession of the lands which are under my occupation".
And further the 'TESTRATRIX' says,"Any property which is not expressly specified herein shall be inherited by Smt. 'A', Wife of Mr. 'B' as the residuary legatee.The persons mentioned above shall after my lifetime enjoy the properties bequeathed to them with absolute rights".
Under the circumstances What should Legatee/s Mr. 'X' and Smt. 'A', Claim/s.
I request the learned Forum members to guide me in regards to the steps to be taken in making Mr. 'X' WILL ,legally enforceable as the suit is filed in the court and advocate of Mr.'X' is contesting the contents of the WILL; as details of property is not specified in WILL of 'TESTRATRIX'.and as a residuary benefit he is claiming all the property citing the earlier WILL written by the 'TESTRATRIX'( of course, the 'TESTRATRIX' nullified all her earlier testaments through her latest WILL, which is now in force.)
The matter is of Little Urgent nature, please.
Withregards...
Thanking you ALL, in advance expecting an early reply.
ajay sethi
(Expert) 08 September 2012
last testament of testraix revokes all former wills and codcils if any .
ill -- Suspicious circumstances - Will not described the exact property that may have been bequeathed - In case testator had the intention of bequeathing all her property she would have mentioned the details of all the properties which belonged to her in the Will
it does caste doubt about genuine ness of the will
Ramesh
(Querist) 09 September 2012
Dear ajay sethi ji,
The 'TESTRATRIX' had one daughter who had died issue less. This daughter(of'TESTRATRIX' ) and her husband adopted a Male and a female child .The 'TESTRATRIX', son-in-law had a GPA from 'TESTRATRIX' during her life time., and immediately after her death he obtained a GPA from Mr. 'X' .He was dealing the property ( which is very vast) of 'TESTATRIX through these GPAs, during his life time ie till year 2003. None of the family members disputed the WILL of 'TESTRATRIX', even in the latest suit pending in the CIVIL court.
my question to the forum members is how to prove/collect the ownership of the property held by the 'TESTRATRIX'.
The setwar( Revenue record) carries the name of the 'TESTRATRIX' . but her son -in-law, some how entered his name in the pahanis of the year 1951 till this date . This is with no authority (The WILL of the TESTATRIX', nowhere mentioned or given any property, she gave only a GPA in the year 1960.
Thanking you ALL, once again.
ajay sethi
(Expert) 09 September 2012
contact a local lawyer . when was property purchased by testarix .you have stated that power of attorney had been executed subsequenly in 1960 but name of GPa has been entered for year 1951 . you have to point out these inconsistencies to the court challenge the mutation enteries .
Ramesh
(Querist) 10 September 2012
Dear ajay sethi Ji,
This property came to TESTRATRIX, from her Husband.
Thank You.
