LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Baaji   30 January 2017

Will execution

FACTS

Sir my grandfather had bought an house... he died intestate ...Later on my father and my uncle shared that property by some oral partition,but it was not  registered....

 

Allegations

My father also died intestate, my father had 3 sons including me.later 25 yrs after the death of my father,my 1st brother came up with a will and it is said that it was written by my grandfather..

Charecters of will

Age of will:45 yrs 

Age of benificiary at the time of writing that  will 6 yrs

Contents of will

According to my 1st brothers sayings ,it was written in the will that some part in that house was to be given to my uncle and the remaing part was to be acquired or given to my 1st brother keeping my father as an executor..

Actions done based on the will

My 1st brother gifted that property to his wife based on the contents of the will,she debted that to some 3rd party and from that 3rd party it was sold to my 2nd brother and it was registered on his name and my sisters were made witnesses for that sale deed..

They had done all this to take revenge upon me since i am the only employee in that family , and they used to have some quarrels with me in family matters and i am the only one who insists for partition after my fathers death.

To my surprise my 1st brother even produced a death certificate of my grandfather who had died in 1970

My doubts regarding this

A) till now that will is neither registered nor probated.. is it valid?or else it should be probated?

B) in real if there is a will my father would have definitely opposed the contents of will because one share was given to my fathers brother and other share to my brother instead of my father.. in such a condition how could my father be appointed as executor of that will.

C) even though if my father accepted it ,why did my brother being a major at the time of my fathers death had taken such a long time nearly 25 yrs after my fathers death to claim that property according to that will

D) because of the above thoughts i am of the opinion that its a fake and manipulated will.

E) my brother who is the benificiary of the will was living in that house and paying all taxes on his name since 30 yrs... if the will is prooved not valid ,can he be able to claim that property by law of adverse possession..

I request all the forum members to give your valuable suggestions ,and guide me how to proceed in this situation



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register