limitation time for excution of a will
Querist :
Anonymous
(Querist) 10 April 2011
This query is : Resolved
Our mother had executed a will in the year 1995 bequething a part of her residential property to a religious institution.The will was duly registered by her and was to come into effect after her death.she died in the year 2006.The relgious institution to which the said proeprty was bequethed is not aware of such a will since the original will was not handed over by our mother to the said institution.The said institution till today is not aware of the said will.in this connection we would like to know the following
a)Is there any time limit for the institution to make a claim on the said property under the limitation act?
b)We also understand that the said
religious institution is not interested in taking over such prperties as it faced many propblems and litigations earlier and has been requeating devoteees to only donate in cash. in such a case what should be our next course of action in such a situation?
Devajyoti Barman
(Expert) 10 April 2011
For letting the Will into effect the same has to be Probated first for which no time limit is there. So if the Will is not allowed to see the light then the property would remain to the possession of her legal heirs.
Suhail suhail
(Expert) 10 April 2011
Well i think if you really have the registered will deed then you must acknowledge the religious institution about the fact,and only then you can proceed further;to decide weather the institution is willing or not to take over the property it must be let to them to decide.Your moral obligation is to provide the certified copy of will deed to the institution,that is the demand of your moral obligation.
R.Ramachandran
(Expert) 10 April 2011
Dear Anonymous,
From your post, it appears that since the Religious institution is not aware of the Registered Will in its favour, (and obviously you have also not made available the registered will to the Religious Institution concerned), you want to know whether it would be OK for you not to let the Institution know about the existence of the WILL. Secondly, you also want to know whether it will be possible for the Religious Institution to stake a claim at any later point of time as and when it comes to know about the Registered Will in its favour and if so whether there is any time limit for the Institution to claim the property.
YOUR INTENTIONS DOES NOT APPEAR TO BE CORRECT AND APPEARS TO BE TO SOMEHOW NOT TO GIVE EFFECT TO THE REGISTERED WILL LEFT BEHIND BY YOUR MOTHER.
Please note, the Religious Institution can claim the property at any time within 12 years from gaining the knowledge about the existence of the WILL. So, you cannot gain anything by not revealing the existence of the Registered WILL.
It will be better for you to make available the copy of the Registered Will to the Religious Institution concerned under proper acknowledgement. Otherwise it will surely land you up in many legal complications.
Naresh Kudal
(Expert) 10 April 2011
1- there is no limitation to claim the property for institution.
2- In probate application that institution will also be a party and if they show no willing to have the property, it will goes to legal hairs.
