Will deed

Querist : Anonymous (Querist) 31 August 2011 This query is : Resolved
Sir,
M had two wives having one issue I-1 from W-1 & I-2, I-3 from W-2.
M purchased land of 10 acres in 1960 when W-1 was no more but W-2 was /remained with M and executed a will in 1980 sharing the above land in favour of two sonsI-2&I-3 & expired in 1984. After death of M, I-1 got his name entered in land records including I-2 &I-3 in 1990, but the land remained possession of I-2 & I=3.
Now Question is: can the will be useful for strucking off name of I-1 OR Declaratory suit will be the best process ?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 31 August 2011
If the land is self acquired then M can dispose of the same in any manner he wishes. I-1 has nothing to say in the Will.
Yes suit for declaration is the appropriate remedy.

Raj Kumar Makkad (Expert) 01 September 2011
Why I-2 & 3 kept on sitting silent till date and allowed to expire 27 years to think over the alleged will. Where were they when mutation was equally entered in the name of I-1 also?

I think the suit, if is filed, shall be dismissed filed on belated stage and due to act and conduct of I-2 & 3.

girish shringi (Expert) 01 September 2011
I do agree with the experts.

prabhakar singh (Expert) 01 September 2011
The statement"M purchased land of 10 acres in 1960" leaves no room to doubt that land was self acquired, but in any case suit even if filled would be barred by time in view of lapse of 27 years rightly pointed out by Mr.Makkkad.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries