raj kumar ji (LAW STUDENT ) 15 June 2010
mr "x" has a property through his father make a will, because he is only son now ,he has a wife 2 sons & 2 daughters. and he make a will to my uncle daughter he gave all property to my uncle daughter he is in 26th .now mr'"x" has expired .now the will is executed.
now the question is thst -
1- can the legal heirs clame the will .
2-can the legal heirs get share of property
3- how can we prove the legal heirs ship ?
Swami Sadashiva Brahmendra Sar (Nil) 15 June 2010
kindly find the answer in your prifile which is reproduced bellow:
(Refers to Para 18 of Part II)
1. All Wills should be clear-cut unambiguous and precise. Please refer to AO 4/91.
2. An Executor can be a beneficiary under the Will.
3. Witnesses cannot be beneficiaries under the Will.
4. All Wills are revocable. However, in case of revoking any Will especially so a registered
un-registered, whatsoever and wherever, stand revoked and cancelled”. This will avoid any
5. It should be noted that a registered Will takes precedence over an un-registered Will. Hence
in case of any revocation or alteration of an earlier Will, the latest Will must be registered.
6. Probate is mandatory for immovable properties situated in West Bengal, Pondicherry,
Chennai and Mumbai. The Executor of the Will has to apply for the probate in the courts
7. Probate is not necessary in other States of India, especially so if the Will is a valid
8. Execution of any Will rests with the Executor of the Will. Hence it is imperative that the
executor be an honest, trustworthy and reliable person.
9. It is advisable to have a younger person in good health as an Executor, to try and ensure
that he/she does not pre-decease the Testator of the Will. To avoid such an eventuality, an
Alternative Executor may also be appointed in any Will.
10. It is advisable to appoint a reliable lawyer as an Executor, in case the property has to be
the ownership rights vest with someone else.
11. The Executor must know the contents of the Will and be will and be willing to execute the
Will according to the wishes of the Testator.
12. The Executor must be a resident of the same town as the Testator, to enable him to execute
the concerned Will, legally and expeditiously.
13. Witnesses need not know the contents of the Will, but they must be present at the time with
the Testator and all of them must sign the Will in the presence of each other.
14. Beneficiaries cannot be Witnesses to any Will.
15. Witnesses should preferably be younger to the Testator, of sound integrity and good
financial position, to ensure that they cannot be “bought over” by any disgruntled beneficiary or
16. Witness should also be permanent residents of the same town as the Testator, so that they
can easily give evidence in Court, if so required.
17. `It is advisable Not to disclose the contents of a Will to the beneficiaries. Such disclosure
generally leads to un-necessary arguments, and harassment of the Testator.
18. It has been observed that the tendency to treat the elderly dependents with a degree of
WILL makes full provisions for financial independence for self and spouse while executing a Will.
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