will
ashu
(Querist) 22 February 2015
This query is : Resolved
My uncle means my mothers elder sisters husband wants to give me his property.my aunt who is his 2nd wife expired in last sept.they dont have child. But my uncle had 1st wife and one son. He dosent know where are they right now.since last 35 years they dont have any contact.now my uncle mentioned in his will i will get everything after him.He registered that will with 2 witnesses, so if at the time of probet if that son challenge that will. Then do i get that property?
In his will he mentioned his divorce with wrong decree order. Dose it important?
ashu
(Querist) 22 February 2015
Or how dose it relevant for execution of wll?
Dr J C Vashista
(Expert) 22 February 2015
The will shall be operative after the death of testator (your uncle). He can execute the will for his share in ancestral or his self-acquired property and not for the share of his alleged "lost" son.
Contact and consult a local lawyer.
ashu
(Querist) 22 February 2015
I know will exicute after death sir.but can he give his self acquired property to me through his will even his son will challege will.
Rajendra K Goyal
(Expert) 22 February 2015
A person can bequeath his self acquired property to any one he like, his son or any other legal hire can not object to it.
ajay sethi
(Expert) 22 February 2015
son will have to prove that his father was not of sound mind at time of execution of will . or that will was executed by undue influence or coercion .son can challenge the will
in the alternative your uncle can execute gift deed in your favour .
T. Kalaiselvan, Advocate
(Expert) 23 February 2015
The Will bequeathing the self acquired property by the testator, even if challenged will not be able to succeed. Let the uncle first execute the Will, and let the same come into force, then you decide about the legal hassles that may arise then.
ashu
(Querist) 03 March 2015
Ok but in will one mistake has been done by him? He mentioned his divorce by wrong order..and the original order he doesn't have. I need to find out.actually Advocate had done that mistake.an executors didnt cross check at time of registration. I need to ask u this mistake how much relevent with other mentioned asset's distribution matter.
ashu
(Querist) 03 March 2015
Ok but in will one mistake has been done by him? He mentioned his divorce by wrong order..and the original order he doesn't have. I need to find out.actually Advocate had done that mistake.an executors didnt cross check at time of registration. I need to ask u this mistake how much relevent with other mentioned asset's distribution matter.
Guest
(Expert) 03 March 2015
Not the mistake of the reference of order of divorce, but the fact of divorce, itself is relevant, if mentioned in the will. So far as his son is concerned, his right stands forfieted in view of the will made during the life of your uncle.
ashu
(Querist) 07 March 2015
@Ajay sethi ...if my uncle do gift deed then dose he want to change his will?
And if he never do any changes then after his death what will be valid gift deed or will? Is will more effective?
