indu (md) 18 April 2009

Regarding Will validity

My friends grandmother had executed a will by dividing her property among her 4 sons & 3 daughters & herself. All the three daughter were married. The 4 sons without informing their 3 sisters got registered & entered their names in the property of the grandmother after her death. The 3 daughters were unware about this. Now after 10 years elapsed they came to know about the fact & were aggrieved. What step can they take for claiming their part of right. whether the will is valid. what is the time limitation. please let me know.

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4 Replies

laknareddy yanala (legal consultant) 18 April 2009

Bsing on the will, the daughters can file the civil case against their brothers.The limitation period will depend on other circumstance, like knoweldge of tjhe will ,knoweldge of the registration.

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Swami Sadashiva Brahmendra Sar (Nil) 18 April 2009

mr. yanala is right.

but, the facts provided by you are not sufficient to test the validity of will.

further, you have said "will by dividing her property among her 4 sons & 3 daughters & herself" . if a share was given to executant herself, it was a partition deed and not a wiil. kindly see if there is any provision in the will about devolution of share of executant after her death? if yes, it is partly a partition deed and partly a will.

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sanjay singh thakur (advocate) 18 April 2009

Dear Indu

Mr. Yanala is correct however the point raised by Dr. V.N.Tripathi is very relevant because will is effective after the death of Testator.

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Y V Vishweshwar Rao (Advocate ) 23 April 2009

12 years for Declaration of your entitlement and recovery/delivery of possession of proerty , the will not is with in your knowledge . So also the Partition by brothers .Teh Cause of action can be taken from the date of knowledge of Will and other events . You can File a suit and claim your share !

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