Will and succession
WHATSAPP 91-8075113965
(Querist) 16 December 2012
This query is : Resolved
sirs,
here is doubt raised by one of my client. please discuss this issue .
---------------------------------------------
facts as said by my client is as follows :
---------------------------------------------
My father wrote a WILL before he passed away. In that WILL, certain portion is written such a way that the liquid asset and movable assets are written to my grand daughter after he dies. He also written that if he dies earlier than my mother, then my mother would enjoy everything and after her death, it will go to my grand daughter.
Now, here is the issue:
My father passed away and AFTER 4 years of his passing, my mother wrote a seperate WILL and in it she quoted my fathers WILL and indicated about a specific portion of my father's WILL and said that the liquid asset and the movable asset will go to me and my brother equally. Question..is
1. Can my mother over-ride the original WILL my father wrote and write her own WILL referring to my father's WILL?
2. What laws in India that says it is okay for a beneficiery of a WILL can write another WILL thus by not following the original WILL?
3. In the event if there is an error in the data (date of death) in my mother's WILL is incorrect, can that WILL be technicality reasons be disqualified?
I am seeking to know what is legally permitted and what is not.
Seeking your legal insight regarding this....
Thank you.
sincerely,
Raj Kumar Makkad
(Expert) 16 December 2012
You know only posting of query instead of reading so there is no use to reply.
WHATSAPP 91-8075113965
(Querist) 29 December 2012
good morning sir,
i am lawyer practicing in the district courts, thalassery for the past 16 years and i may not be an efficient and eloquent lawyer like you. But, one thing , i want to add is that i have been a member / expert of this site, even before you. because, i became a member on 2008 jan 6 and you have become a member only on 2009 september 4.I have heen interacting in site for more than 4 years.that you can see, if you verify my answers to past criminal queries of our friends....but, as i was busy with some other work last days , i just copied my clients doubts over here, to get apt replies , so that i can save my time. I DON'T THINK IT IS AN OFFENSE DESERVING CAPITAL PUNISHMENT , or a thing which has to be ridiculed...... i am writing all these just because of the humiliating comments made by you on me for posting a series of quires.... at the most, if you feel that these questions are asked by a fool, you could have kept mum, rather than making fun of me .....please consider that a lawyer with a little knowledge should also have the right to live in this democratic country. He has also has the right to ask doubts, however foolish it maybe ..moreover, it has to be understood that no one is born as a senior lawyer and no one can be a senior lawyer without being "a so called foolish junior lawyer" .......
thanks and bye ....
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929
9061435365
Anirudh
(Expert) 29 December 2012
Dear Mr. Salil,
If the wife is only entitled to enjoy the property during her life time (which would mean that she cannot dispose it off in any manner, except utilising it for her personal needs/requirements), the wife of the testator cannot make a further WILL. In my view, such a WILL by the widow of the testator will be invalid.
prabhakar singh
(Expert) 29 December 2012
Yes!Here too you are rightly guided by Mr.Anirudh. A beneficiary having simply life time interest under a will can not alter any thing in any manner so as to defeat the dictates of the original testator.
Raj Kumar Makkad
(Expert) 29 December 2012
Thanks my Senior sir Salil for chasing me. You posted a lot of queries at the same time on the site without caring for the replies which is also reflected by the fact that you could spare time to read the reply against your query only after a short span of 12 days. I don't know after how much days, you shall read this reply to your offensive comments.
A lawyer merely shifting his onus to dealing his entire cases of clients on a single day within a span of one hour on the experts of this site do not deserve any help.
The language used in the queries further makes clear that even after spending precious 16 years in this profession, you have not been able to understand common laws which are part and parcel of a lawyer in his daily routine. Who shall believe that clients engage such lawyer for their serious cases who even is not having the knowledge of stay order or procedure to obtain bail
I do regard every genuine querist and try to submit my reply as per limits of my mind which can be got reflected that despite of your seniority by 1 year from my entry in this site, I could become top expert.
Anyway, I don't require any certificate from anyone for the contribution I could make on LCI as I do this just for my own satisfaction and I need not follow the dictation of any one whether I should keep mum against any query or should reply in any particular manner.
