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vipra (enginer)     31 May 2009

validity of WILL DEED

 

Please advice to the following quires.
1) The " WILL Deed" is written by my grand father and registered in 1996 and he expired by 2009. whether this "will deed" is still valid. As the "WILL deed" is not renewed for 13 years. He was in good condition till 2008.  Is there is any rule that  "will deed" needs to be renewed after 10 or 12 years?
2) My grandfather stated in the “will deed” that 2 of his sons are working with him in his business and other sons are working some where else. In this case, the properties purchased by my grand father is self acquired property or family property (contribution from 2 sons), even though  my grandfather paid small wages to his own sons
3) If a “will deed” as lot of errors and contradicts. Whether the “will deed” can be cancelled  


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 5 Replies

A V Vishal (Advocate)     31 May 2009

Dear Vipra:
 
1) The " WILL Deed" is written by my grand father and registered in 1996 and he expired by 2009. whether this "will deed" is still valid.
Answer: The will deed is valid, the general rule is if your grandfather executed another will or codicil, then it would had overruled the first will.
 
 As the "WILL deed" is not renewed for 13 years. He was in good condition till 2008.  Is there is any rule that  "will deed" needs to be renewed after 10 or 12 years?
Ans: There is no rule that the will needs to be renewed occassionally.
 
2) My grandfather stated in the “will deed” that 2 of his sons are working with him in his business and other sons are working some where else. In this case, the properties purchased by my grand father is self acquired property or family property (contribution from 2 sons), even though  my grandfather paid small wages to his own sons
Ans: In case the sons are partners then it would not be self acquired property, but since you are telling that he paid wages, it is necessary to ascertain the relationship.
 
3) If a “will deed” as lot of errors and contradicts. Whether the “will deed” can be cancelled  
Ans: The will has to be interpreted with the view of the testator and the best imterpretation hold good. However, there is no way to cancel the will even by the heirs and the only way out will be non execution of the will

vipra (enginer)     02 June 2009

 

Dear vishal
Thanks for the reply. Please clarify the following.
 
1)      Thanks.
2)      you have mentioned “it is necessary to ascertain the relationship”. What does it mean exactly, as I couldn’t exactly interpret.  Please note two sons contributed to my grand fathers growth; but the other sons who does not contribute anything is getting big share as per my grand fathers will deed. Whether we can question the genuine of the WILL deed as it contains lot of contradicting statements and many statements are unclear and got ambiguity .
3)      Please not both the witness of the WILL deed are also not alive. WILL Deed statements are not clear and contradicts with one paragraph with another. If we question the genuine, what is the probability of success in stoping the will deed
 
Please reply. Thanks

A V Vishal (Advocate)     02 June 2009

Relationship means was it a family business, were the two sons paid remuneration as employees or was it a partnership business. Death of witness doesnot invalidate the will.

vipra (enginer)     02 June 2009

dear sir

It was a family business, but their is no written proof between my grand father and his two sons (Who contributed for my grand fathers growth); however my grand father paid very low remuneration for 20 years. Please advice how we should proceed to stop the WILL deed 

A V Vishal (Advocate)     02 June 2009

Dear Vipra,

Only way to stop execution of will would be you should prove the contents to be contrary to the will of your grandfather.  Without going through the will it is not advisable to advise further since wrong advises may damage the case.


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