AwMeAbN (Nil) 21 August 2010

General Will - Does it include all property as on date of de

My Father have passed away leaving a will that he wrote in 1979 bequeathing al moveable and immovable property in the name of my mother. There is no specific mention of any property or finances but a general statement Bequeathing all property.

During the process of transferring the property in her name, the estate official responsible for the transfer has raised an objection saying that the will was written in 1979 but the property was bought in 1999 and hence is not covered under the will.

I find this absurd as the will becomes active on the date of death and should therefore include everything as on that date.

Is there any merit in the officials objection or can i counter him on this ?

Any cititations or links to supporting information will be greatly appreciated.

Thanks,

Aryan

Reply Follow

6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 21 August 2010

General statement is not valid because will is written in the year 1979. The will is applicable to only the properties of 1979. If there is any recital in the will regarding " any property earned after executing this will, will also go to the beneficiary" Then will would be valid. But in the present case will is applicable to the properties which were in the year 1979

Deekshitulu.V.S.R (B.Sc, B.L) 21 August 2010

I am sorry Mr. Rajeev. If the property is genaralised then all the property standing in the name of the deceased at the time of the execution of the will and that he acquires before his death(that is after execution of the will) is covered and hence the objection taken by the officials is absurd.

Adv. G.Narayan ( Advocate & Legal Consultant) 21 August 2010

I concur with Mr. Deeksh*tu V.S.R. It is quite clear a will is made before death and executed after the death of the Testator. Even if the will was made in 1979 and after that no other will or codicil made then the Will made in 1979 shall be valid for Execution and any property made or eraned before the death of Testator shall be included in the Execution

V. VASUDEVAN (LEGAL COUNSEL) 22 August 2010

More than the long gap between the date of the will and the date of purchase of subsequent properties what is material in the instant case would be for the legatees to prove that the will is the last will and testament of the deceased. If this can be provided, other issues are secondary and a true inventory of the assets and liablities of the deceased can be produced along with the probate petition to get the probate of the will. Even if the will was executed outside the jurisdiction where the probate is not required to be obtained, it would be desirable to

instituted probate proceedings to get this issue resolved.

vasudevan

1 Like

R.Ranganathan (Advocate) 02 September 2010

I agree with the estate officials view and disagree with Mr. Deeksh*tulu V.S.R. and Adv. G.Narayan. A will is a testamentary document and in the court of law whatever is stated in it, is only accepted and not generalisations. One has to prove the same. I agree with Mr. Rajeev. When any property is excluded then it is the duty of the beneficiaries concerned to prove that, it is either his or hers through evidences. All the legal heirs are equally entitled to the properties not mentioned in the Will.

pratik (self working) 15 March 2011

I do agree with our Respected Learned Member Rajeevji

But as there are to many answers give by our respected learned members i want that as per which section it has been said that ( General statement is not valid because will is written in the year 1979. The will is applicable to only the properties of 1979. If there is any recital in the will regarding " any property earned after executing this will, will also go to the beneficiary" Then will would be valid. But in the present case will is applicable to the properties which were in the year 1979) PLS PLS

Any case law of Apex Court. If Any

God Bless U All.

Thanks In Advance.