Hindu succession law
santosh Pawar
(Querist) 05 August 2012
This query is : Resolved
Sir,
I aunty ( father’s sister ) who was unmarried, expired leaving behind some bank balance and house property. So I along with my sister filed a civil suit in year 2010 in the court to grant succession certificate under hindu succession act for her property and included her all other class II heirs as opponents. In our suit we had made clear to distribute all her property among all her legal class II heirs. One of her sister appeared before court (included as opponent and one of legal heir in our suit ). In her say she has mentioned that her deceased sister has made will in her favor of all her property, which was surprise to all of us. On other hand one of my bother ( also included as opponent and one of the deceased legal heirs in suit ) also appeared in the case saying the deceased has made a will in his favor. So both ( her sister and my brother ) are demanding to court to dismiss my succession application as they both have the deceased will to which I have opposed strongly. Still both ( her sister and my brother ) have not produced their respective will in the court.
Sir,my question is, considering the above, I doubt both wills and even if hon’ judge considers will and even if their will deeds are strong, both the wills cannot be valid and at end what will happen to our succession application. My aunty expired in August 2008 and staying in Nashik, Maharashtra.
Devajyoti Barman
(Expert) 05 August 2012
Since both brother and sister objected the grant of SC, the same would be converted into a contested suit which in WB is called Original Suit where the court would decide all the aspects of SC including the validity of Wills.
santosh Pawar
(Querist) 06 August 2012
Sir,
I aunty ( father’s sister ) who was unmarried, expired leaving behind some bank balance and house property. So I along with my sister filed a civil suit in year 2010 in the court to grant succession certificate under hindu succession act for her property and included her all other class II heirs as opponents. In our suit we had made clear to distribute all her property among all her legal class II heirs. One of her sister appeared before court (included as opponent and one of legal heir in our suit ). In her say she has mentioned that her deceased sister has made will in her favor of all her property, which was surprise to all of us. On other hand one of my bother ( also included as opponent and one of the deceased legal heirs in suit ) also appeared in the case saying the deceased has made a will in his favor. So both ( her sister and my brother ) are demanding to court to dismiss my succession application as they both have the deceased will to which I have opposed strongly. Still both ( her sister and my brother ) have not produced their respective will in the court.
Sir,my question is, considering the above, I doubt both wills and even if hon’ judge considers will and even if their will deeds are strong, both the wills cannot be valid and at end what will happen to our succession application. My aunty expired in August 2008 and staying in Nashik, Maharashtra.
Chanchal Nag Chowdhury
(Expert) 07 August 2012
U R right. There cannot be 2 wills. Think about contesting the Wills when they are produced.
