WILL related

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From Advocate Rajiv Modgill
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ok thank you sir

Hello, Mr. Justin. The will cancelled by the testator is no more valid and the one which was written for the second time will only be considered. It was right on the part of the Court to dismiss the case. I'm sorry to say, but I don't think you will get a share of the property from the cancelled will. But again, if the will favouring you is registered, I think you can again file a suit.

Thank you so much for your reply Mam...

my question is the dispute property have stands in which document...? stands by parental document?

Facts posted suggest that there is no Will and the property is left intestate. It will devolve upon the legal heirs in accordance with the law of inheritance, as applicable. Which law applies in your case?

Sir... Greetings. testator (my aunty) have no primary legal higher only secondary. Her two brothers children.

The first WILL execute in favour of three persons( I ,my sister and my fathers younger brother's daughter ) after 10 years the first WILL cancelled by testator and executive second WILL in favour of the one beneficiary only in the above said. I and my sister filed a suit in sub Court for declaration of the later WILL is forged one ( null and void) and declare the earlier WILL right one. we submit all medical records of my aunty. she is aged and she is not a right mental condition before 2 years of her death and she is not able to make a WILL. status Mayan the court consider all records v said she is not mental condition for the last two years. so she can't make a WILL.in the meantime the defendant also with her and take care. The difendant using her mental condition and executive WILL in favour of herself only.

the same time she also filed a separate case in the same court for declare her WILL (last) is right one.

Both cases going as a connected case.

judgement/decree

1. couldn't say the later WILL is forged one eventhough she is not prove WILL in proper way so the the case is dismissed

2. no more remedy given to plantiff and defendant as per their prayer.

Now the diffendent side appal is going on the district court.

(The testator /my aunty worked as a state government teacher. she adopted my sister in early childhood, after adoption she mentioned in the records that my sister is adopted daughter. after her death my sister got legal heir certificate from the court using the above said records also got certificate from revenue department. As an adopted daughter she received all death benefits from the government authority and bank money also)

if the two WILL is not in force , can my sister claim right over the whole property? is it right or not?

Please provide facts, not confusion.

really I'm very sorry sir... I could not tell the problem in right and short... due to language problem.

thanks for your reply... can my sister file a suit for claim on right over whole property?. Already she has got legal heirs (adapted daughter)certificate from court and revenue department for claim the deceased aunty's death benifits.

Mr. Antony, your name suggests that you are governed by the Christian Law. Is it so?

Yes sir...

Was your aunty married? Is the husband alive?

In other words, what do you mean by "testator (my aunty) have no primary legal higher only secondary. Her two brothers children."?

 

Originally posted by : Justin Antony
	really I'm very sorry sir... I could not tell the problem in right and short... due to language problem.thanks for your reply... can my sister file a suit for claim on right over whole property?. Already she has got legal heirs (adapted daughter)certificate from court and revenue department for claim the deceased aunty's death benifits.... As both the Wills became unoperative,therefore by the Laws of Inheritance, your sister being the adopted daughter of your aunty becomes the Owner of the whole property and by virtue of that Legal Heir Certificate,your sister is entitled to apply for mutating her name in the Record of Rights in the place and stead of your deceased aunty.     --

 

thank you so much for your valuable reply sir... here nobody not understand my real problem... I don't know where the mistakes going on... most of the victims only coming to this portal... once again thank you so much sir 🌹🌹🌹🙏🙏🙏

Originally posted by : Justin Antony
	thank you so much for your valuable reply sir... here nobody not understand my real problem... I don't know where the mistakes going on... most of the victims only coming to this portal... once again thank you so much sir 🌹🌹🌹🙏🙏🙏...May be due to language barrier you are unable to understand our replies.You are lucky that the Learned Experts expending their valuable time through their valuable opinions already guided you free of cost so don't consider yourself as victim.