Validty of wi;;
JAVED AFZAL
(Querist) 05 December 2014
This query is : Resolved
D
WILL KHANGI Year 2008
We have an ancestral house. Which has been divided by both of us ( brothers). We are in possession & living in our own portions.
(i) Tedestator From his share has given ½ share of his house property to his son. Remaining ½ share has been retained by him, it will go to his wife after his death.
(ii) We both brothers have a common piece of agriculture land. testator From his own share of land has further divided it to his legal heirs.
After the death of testator , his legal heirs have got executed this part of the will in their own names i.e (Agriculture land) (Mutation of land).
But testaror LR’s did not agree with the Ist(a) part of the will regarding division of house by both of brothers which took place in the life time of the testator .
Now Legal heirs of the testator after 6 years of will & death of testator have filed a suit in the Civil Court with the request that house which was divided by both of brothers in the life time of testator be again divided by metes and bounds.
Pls gude me
1Whether the suit is maintainable after 6 years of the will and the death of pedestator.
2. Second part of the will i.e regarding agriculture land has been got executed by the Legal Heirs of pedestator, But First part of th e will i.e regarding division of the house has been challenged in the court. Whether only this part Can be challenged ?.It is a built up house we both live in and in possession of the house for the last 30 years. According to will both the houses has been got registered in Munciapal Committee records in the year 2008.They were know of the will from the first day.
Sailesh Kumar Shah
(Expert) 06 December 2014
before replying your query, please reply that how can 'javed afzal' is sikh ? if you satisfied my query, i shall reply your query.
Devajyoti Barman
(Expert) 06 December 2014
Yes, Hindu Succession Act applies to to members of Sikh religion.
JAVED AFZAL
(Querist) 06 December 2014
I mean if the person belong to sikh religion & A house was divided by two brothers by mutual consent in writing . One brother has mentioned this fact in his will before his death.
Now after 6 years of his death his legal heirs want this house to be divided again by meets and bounds, whereas other parts of “will” i.e. regarding agriculture land, bank balance,etc has been accepted by his heirs and implemented.Now please advice whether after 6 years of execution of “will” this part of the “will” can be challenged in the court of law.
(I) “Will” is unregistered but his legal heirs has accepted it in to-to only one part i.e. house dimension part of “will” has been challenged. Both brothers had built their own house in their own parts which are surrounded by boundary walls. Both the houses got registered-MC (Muncipial Committee) in their own names accordingly 6 years back
malipeddi jaggarao
(Expert) 06 December 2014
Even now insufficient facts. Give full facts.
Sailesh Kumar Shah
(Expert) 06 December 2014
Dear Mr. Javen Afzal
You have to fail to give my question. is this real problem ? or to know about law ?
ajay sethi
(Expert) 06 December 2014
academic query
T. Kalaiselvan, Advocate
(Expert) 07 December 2014
The author is evading to reply to the query raised by expert Mr. Shah but insisting a reply to his academic query, no reply to academic query is the stand taken by experts.
JAVED AFZAL
(Querist) 07 December 2014
It is not an academic query. I want to solve the problem.
JAVED AFZAL
(Querist) 08 December 2014
Dear Expert,
It is a real problem not academic query. Some detail are as follows
If some part of a will is executed, whether its second and third part can be challenged in the court by the legal heirs of the pedestator after his death.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
Better to seek grant of probate o the Will through court which will decide based on the facts and merits presented before it.
JAVED AFZAL
(Querist) 18 December 2014
Sir,
I also again repeated that it is not academic query. It is a real problem that is being faced my known family friend .His brother executed a will of partition of old property and both the the brothers got possession of their respective share and constructed their own portion.After the 8 years of death of his brother. The legal heir filed a case in civil court accepting half portion of the partition are valid and half invalid.Pls guide me
malipeddi jaggarao
(Expert) 18 December 2014
What are the contents of the will. Mr.Afzal, when experts seek further clarifications, if you give the information in piece-meal, you are at loss.
prabhakar singh
(Expert) 18 December 2014
Unless you post the draft of the suit no clear cut answer is possible.
Otherwise believing upon what you state, my view is that they can not stake such a claim.
JAVED AFZAL
(Querist) 18 December 2014
WILL KHANGI Year 2008
We have an ancestral house. Which has been divided by both of us ( brothers). We are in possession & living in our own portions.
(i) Pedestator From his share has given ½ share of his house property to his son. Remaining ½ share has been retained by him, it will go to his wife after his death.
(ii) We both brothers have a common piece of agriculture land. Pedestator From his own share of land has further divided it to his legal heirs.
After the death of pedestator , his legal heirs have got executed this part of the will in their own names i.e (Agriculture land) (Mutation of land).
But pedestaror LR’s did not agree with the Ist(a) part of the will regarding division of house by both of brothers which took place in the life time of the pedestator .
Now Legal heirs of the pedestator after 6 years of will & death of pedestator have filed a suit in the Civil Court with the request that house which was divided by both of brothers in the life time of predestator be again divided by metes and bounds.
Pls gude me
1Whether the suit is maintainable after 6 years of the will and the death of pedestator.
2. Second part of the will i.e regarding agriculture land has been got executed by the Legal Heirs of pedestator, But First part of th e will i.e regarding division of the house has been challenged in the court. Whether only this part Can be challenged ?.It is a built up house we both live in and in possession of the house for the last 30 years. According to will both the houses has been got registered in Munciapal Committee records in the year 2008.They were know of the will from the first day.
