Will and its contents.
Querist :
Anonymous
(Querist) 04 October 2011
This query is : Resolved
Hello,
My grand father died in 1980 leaving a Will in favor of my father and uncle which related to a House and whose contents were as follows -
"My house will be inherited by my younger son who lives with me and he will be free to use the same in any manner he desires.He will pay a sum of Rs. 1 lakh to my elder son as compensation for retaining the house."
My father and uncle filed the will for probate in the court which was contested by some other tenants of the house and delayed and the probate of the will could only be possible after 12 years in 1992.
My uncle and father expired but his wife has sold away this above mentioned house 2 years back without my knowledge and consent and without even paying me those mentioned 1 lakh.
My Ques. now are -
1. Can my aunt sell this house without paying us the said 1 Lakh.Is it legal or Illegal.
2. Can she sell this house without our knowledge or any kind of approval from us.
3. As times have changed and the value of 1 Lakh is not much now as compared to 1980 can this amount be increased as per Cost Inflation Index or some other kind of valuations as value of Dollar to Rupee as used in some other places where correct valuation is needed.
What kind of legal remedies can i look forward to this matter now.
Thank you.
adv. rajeev ( rajoo )
(Expert) 04 October 2011
Issue notice to your aunt to pay RS.100,000/-, if she didn't turn up file a suit for recovery of money.
Querist :
Anonymous
(Querist) 04 October 2011
That's what my ques. is -
Will this sale made by her be illegal.
Will this sale be as contempt of court as it is made against the judgment/probate of the court (without making us our payment).
Am i entitled to only Rs. 1 lakh only as the value of Rupee has depreciated tremendously or do courts take a view that the intention of my Grand father was to give us much more then at the time of making the Will in 1982 and is there some method to make such valuation.
Raj Kumar Makkad
(Expert) 04 October 2011
You have not posted the operating paragraph of probate decision without which it is very difficult to make definite comments.
If Your aunt had to make payment in 1992 when the probate was granted or at the time of sale?
Was it a prior condition of probate decision to grant Rs. 1 lakh to you or not?
Clarify all facts so that it may be replied in definite way.
Querist :
Anonymous
(Querist) 04 October 2011
The will of my grandfather of 1980 said -
"My house will be inherited by my younger son who lives with me and he will be free to use the same in any manner he desires.He will pay a sum of Rs. 1 lakh to my elder son as compensation for retaining the house."
Probate was granted in 1992 as per the Will which had the above said clause.
My aunt sold the house without giving us
single penny thus my queries are
Did my aunt had to pay us 1 Lakh before she could sell the house.
Will her this sale be legal as she has not completed the requirements of the will to pay us 1 lakh .
Did she needed our approval or consent.
Are we entitled to only 1 Lakh only as mentioned in the Will of 1980 or the amount increases because of the delay due to the legal; process which has tremendously reduced the value of money which i will receive.
R.Ramachandran
(Expert) 04 October 2011
If your grand father had died leaving a WILL, according to which the property has to go to his younger son and that younger son has to pay Rs. 1 lakh to his elder brother, HOW CAN YOUR AUNT SELL THE PROPERTY?
Please clarify this first.
Querist :
Anonymous
(Querist) 04 October 2011
As mentioned in Para 3 of my question above both my father and uncle have died and the aunt (wife of my uncle) and me are respective Legal Heirs after their demise.
R.Ramachandran
(Expert) 04 October 2011
It is your uncle who has to pay 1 lakh to your father and not your aunt.
Your aunt has inherited the property from your uncle. She has every right to sell the property as an absolute owner of the same. She does not need anybody's consent or approval for selling the said property. The sale effected by her is absolutely legal.
She has no obligation to pay Rs. 1 lakh to anybody.
prabhakar singh
(Expert) 04 October 2011
1. YES;
2.YES;
3.EVEN REALIZATION OF ONE LACK IS NOT
POSSIBLE WHAT TO TALK ABOUT ANY THING ELSE LIKE
INCREASE ON BASIS OF COST OF INDEX etc.Money from every
test of right has gone barred.
Querist :
Anonymous
(Querist) 04 October 2011
How the payments to me has gone time barred, was it not her duty to pay the compensation before the sale of such a property as mentioned in the WILL which said -
"He will pay a sum of Rs. 1 lakh to my elder son as compensation for retaining the house."
The Will was probated also on the same grounds.
Why she has no obligation to pay on behalf of her husband from whom she has inherited this property, she cant only inherit the assets but aslo obligations and compensations to be paid along with that inheritance.
R.Ramachandran
(Expert) 05 October 2011
Dear Anonymous,
The Will says that your uncle will pay Rs. lakh. Does the Will say that your Aunt will pay Rs. 1 lakh?
That is the basic question.
If the Will does not say that your Aunt is to pay Rs. 1 lakh. Therefore, how can anybody say that your Aunt has failed to pay Rs. 1 lakh? If your uncle had not paid Rs. 1 lakh according to the Will, you have to ask your uncle and not your Aunt.
She has inherited the property not because of the WILL. But because of her own right as a legal heir of the deceased. Therefore, she has no obligation to pay anything.
If I am your aunt, i will simply say, go get lost.
prabhakar singh
(Expert) 05 October 2011
So it is My sentence "Money from every
test of right has gone barred." is agitating you.
Look even if i agree without ,as have agreed,looking into the very clause of the will,and presuppose its validity,still then your uncle was to pay this sum to your father,time not disclosed when??But at any rate it can not go beyond 1992,when probate was granted.
From facts made available by you i have been thinking to formulate a case in your favor and that favor made me convince that it was year 1992 when your uncle finally became entitled to enjoy the house and his liability to pay your father arose in 1992,but neither he paid nor your father took any action of demand or realization of that sum which under law of limitation was allowed till only 03 years from 1992 ,that is to say 1995,where after your father became on pure mercy of your uncle.Your uncle did not pay and held the property as his own under will till his life and died leaving his widow to inherit this property absolutely free of any charge of one lakh payable to your father already barred by time way back in year 1995.So being the scene it can not be said by any imagination that your aunt inherited the house of your uncle with a burden of charge of 01 lakh payable to your father or you as that was barred from realization way back in year 1995 as discussed above.
If even you do not understand the point just cough out the court fees and file a suit against your aunt,waste few more years
in court wasting time energy and money things will certainly become clear to you.
we are not your enemy nor do we have any
kind of even remoter interest when we advise on this plate form and our advise always come free of biased should be well understood by authors.
It is not very healthy practice to argue
so much for a dead thing .how can these expert save your interest for which your father him self was reluctant.
Querist :
Anonymous
(Querist) 05 October 2011
Now this is becoming more confusing with two diff. opinions.
My logic says just one thing the intention of my Grand father was to pay us Rs.1 lakh in 1982 which was quite a sum at that time and only then my Uncle would be able to enjoy the rights of the property.
If there was any delay it was due to the courts procedures to issue Probate Order after 12 years and this will be really beneficial to my Uncle;e and very detrimental for us as the value of Rupee is not the same after 12 years.
Also it should be the duty of my aunt to go as per the will and pay us 1 Lakh before she chooses to sell the house , the obligation should be hers not mine and the Limitation should also be imposed on her not me.
Thanks a lots.
Querist :
Anonymous
(Querist) 05 October 2011
and She is the one not going as per the Will and against the Probate Order...
