Challenge to a registered will
suresh phadkule
(Querist) 16 October 2011
This query is : Resolved
A widow and her step daughter got partitioned a house property inherited by them. Thereafter, the widow made donation of her share to a mandir trust through a registred will instrument. The donation was to take effect after her death. After her death, the mandir trust has been in possession of this property for thirty years. This property is in the name of mandir trust. However, the city survy record was not accordingly got changed by the trust body. Now, afer 35 years, the step daughter is taking objection to enter mandir's name in city survey record, and says that this property belongs to her as legal heir. Has she a right to this property now? Can she succeed in dislodging the mandir's title?
ajay sethi
(Expert) 16 October 2011
no daudghter cannot challenege to entering mandir name in city survey after 35 years since property was donated by step mother through registered will and probate must have been obtained . the fact that trust has been in posession of the property for 35 years will go against step daughter claim
if she wanted to challenge the will contents she should have done it after step mother death
Raj Kumar Makkad
(Expert) 16 October 2011
As the house property was ancestral, the lady would not have disposed off the same by way of will and accordingly her legal heirs means her step daughter in present case would have inherited her share.
Step daughter remained silent till 35 years and trust also remained inactive to get entered its name in municipal record, however, this is not fatal for trust.
I suggest to engage a counsel perfectly dealing in civil side and file a civil suit for declaration that trust is owner in possession by way of will of deceased lady and defendant has no right therein as the property under will was not ancestral rather purchased/earned by husband of deceased and thus it was self earned and thus will is justified and legal.
Shailesh Kr. Shah
(Expert) 22 October 2011
what is the basis to "Challenge to a registered will" ?
suresh phadkule
(Querist) 01 November 2011
Thank you all Sirs for your valuable expert opinions! Shri Rajkumar Makkadji's suggestion about bringing suit for declaration of ownership was brought by the then Trust Committee in 1986, and the court had issued Hukumnama in favour of the Trust. But the present Trust Committee have no document whether probate was obtained as suggested by Shri Ajay Sethiji. Whether this fact will go against the Trust now i.e. after 35 years, or whether probate can still be obtained by the present trust committee. Please guide.
