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Gopalaswamy   22 December 2017

Civil law

The testator has clearly mentioned by stating a division line in a house and called it as A and B .He has specifically mentioned A to one person and B to another person

On the demise of the testator and after some years an affidavit was drafted by an Advocate and signed by indivitual that they have taken possession of A and B respectively

The will was probated after this .Now the B says that partion is not over 

 contention of A   is since the testator has already specified and has written and confirmed by the affidavit the partion is over 

Can you pl clarify whether the contention if A is correct or contention of B is correct

No executor was appointed by the testator hence the advice of an advocate was sought who drafted the affidavits and both signed independently



Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     22 December 2017

A Will has to be probated by the Civil Court before it can be executed. The affidavits drafted by advocate duly signed by both before getting Will probated has no value.

Kumar Doab (FIN)     22 December 2017

If testator has mentioned boundary(ies) then that becomes boundary(ies).

The probate was successful and WILL is found valid.

Check the order and it might have narration as per last wish of testator.

The possession before probate of WILL was amicable and if it was in accordance with boundary(ies) as per WILL then there should be NO fault, atleast on boundary(ies) of respective portions.

The signatures before advocate is just matter of record.

The advocate must have not defaulted on boundary(ies) hence portions as per WILL.

That is all about the said Advocate.

Rest go thru the WILL and probate from court.

Siddharth Srivastava (Advocate)     22 December 2017

The order of probate court shall prevail. The execution of affidavit among A & B by an advocate has no value. 


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