Will n shares
samuel singh
(Querist) 12 September 2012
This query is : Resolved
its not a doubt dat will maker's(executants) wishs shall always be respected n who shall get wat is also usually written in the will.my ques is wat is written in will is abt shares e.g that 50 shall go to x and 50 shall go y so there is an dispute created now.dispute is x want y's share and y want x's share,,they r disputing becoz their own made up contentions are that our shares r equal no doubt but which portion is your n me is not clear.
honourable sirs i want to know can such a will can be created where shares r given in equal proportions but who shall get which portion is not clear..suppose 4 a while such a will exist then how such a dispute shall be solved.
in my opinion such a will if exist at all then its the court which will decide finally which portion belong to whom.
the hon court has already granted a permanent stay over the subject matter of dispute (THE HOUSE) where x and y are living persently.
another prob is x is threatning y that u can not live in the portion where y is living at persent n says i dont care4 courts permannt stay order.
following is my reliefs asked for---
(1) can such a will exist at all?
(2) if yes then how court will decide n wat factors court shall take into consideration.
(3) given the perm stay granted x is threatning y.what y sud do to retain atleast the portion he is living in,,,any remedy for y then pls suggest,,is threatning comes under some criminal offence and if yes it comes wat y sud do?
(4) at what stage court shall finally solve it,,presently i said Permannt stay is granted.
(5) in case ur opinion is this that such a will can not exist then still threatning is atleast an offence so to which authority y sud approach THE POLICE OR SAME COURT and with wat prayer n request.
pls clear the cloud of suspicion facing these x n y ppls who r living in same house of their father for 40 years(some r dead n sm r alive) till today 12/09/2012.
pls refer any case law that will be highly appreciated belonging to same fact situations.i m looking here a total injustice with y so kindly explain in watever manner u LD ADV DEEM FIT to suggest y.pls do the needful.
much obliged.thanks
ajay sethi
(Expert) 12 September 2012
be brief and to the point learn to summarise your case in a few lines .
it is necessary to go through the will made by testator to advise . contact a local lawyer
samuel singh
(Querist) 14 September 2012
i hv contacted but he also said same thing.
V R SHROFF
(Expert) 14 September 2012
directly state your problem in few lines..
samuel singh
(Querist) 14 September 2012
thanks all the experts
c n vittal rao
(Expert) 15 September 2012
y can continue in possesion will is valid shares should be determined accordig to the testators intention the courts are the final deciders in such a situatin
