Is it implied that a beneficiary or a will must not indulge in poor conduct
Querist :
Anonymous
(Querist) 10 October 2011
This query is : Resolved
dear sir,
my brother , against whom i have a filed a case,for unauthorised construction on my property and have sought possesssion through the high cour, has all along indulged in improper behaviour by wriitng nasty letterss against me to all relatives etc, decrying my integrity , riduculing me.
there are about ten such letters that i have filed with the delhi high court stating that he has made all efforts to malign me.
i am the executor of thw will which has been probated.
mother left the ground floor of the house at delhi to elder brother, first floor to the younger brother, the defendent and the second floor to me , which was inconstructed at the time of execution of the will in 1989 to me. the defendant has encroached on this property .
the court has order in aug 2010 that he shall pay market rent to me in the even if the suit is decreed in my favour.
the mcd laws at the time of making the will did not allow more than one and half floors . so mother did not mention second floor upto sky in the will.
now four floors are allowed.
MOTHER HAS CLEARLY STATED IN THE WILL THAT AS HOUSING MATTERS ARE COMPLEX SHE HAS STATED IN THE WILL THAT THE DECISION OF ME EXECUTOR SHALL BE FINAL ON ALL MATTERS CONCRNING THE HOUSE; THIS HAS BEEN UNDERLINED IN THE WILL.
i have sougt possession of the second floor and claimed rights upto sky.
my queries are:-
1. if the court does not allow me the rights upto sky what will the decusion the court shall take for the floor above me.AS STATED EARLIER THE WILL UNEQUIVOCALLY STATES THAT 'MY DECISION SHALL BE FINAL ON ALL MATTERS CONCERNING THE HOUSE'
2. CAN THE COURT REFER THE MATTER TO ARBITRATION?
3 AND MOST IMPORTANT , WILL THE CONDUCT OF THE DEFENDANT WHICH IS BELOW PAR AND AIMED AT MALIGNING ME AND MY ELDER BROTHER WOULD HAVE AN IMPACT ON THE ARTRITATOR OF THE JUDGE.
4. IS IN IMPLIED THAT A BENEFFICIARY UNDER A WILL SHOULD ENSURE THAT HIS CONDUCT IS IMPROPER AND IF SO CAN HE BE PENALISED FOR SUCH EXTREMELY UNCALLED FOR AND IMPROPER CONDUCT WHICH HAS BEEN BROUGHT THROUGH DOCUMENTS TO THE COURT.?
KINDLY ENLIGHTEN SIR,
VINAY KALA
OCT 10,11
