SANKARPRASAD (MNGR) 01 April 2024

Document wrongfully mentioned in will.

In a will document No. is mentioned wrong with a typo error done by Executor( His name was mentioned in WILL as an executor by deceased person{Female Hindu }).. Executor himself is witness also. Now Due to this mistake I am in a position to lose 1/5 portion( Which may cost around 35 lacs). Apart of this property another 5 to 6 different properties located at Different Geo Locations also mentioned in that will with same executor. Executor is not ready to PROBATE for any of the property. Property nature here is Undivided intestate property. All legal heirs ( Except wife of the Owner) are alive. This will is executed by this wife( Who deceased) for her portion in this undivided inherited ancestral property.

Pl. suggest how can we proceed against Executor nd get our share in this property.

Regards

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2 Replies

AdvAtul 01 April 2024

Hi. You may call upon the executor, through a legal notice, to perform his lawful duties. If he/she still refuses to seek probate/letters of administration, you may file a petition as a legatee under Section 231 or 232 of the Indian Succession Act. I would suggest that you engage a lawyer from the very beginning, so no mistakes are made in any communication with the executor at the intial stages, that come to harm you later in the Petition.

Misdescripttion of property may, by itself, need not be fatal. It would depend on the facts of the Will, nature of mistake, whether the property is capcable of being identified with precision, even with such mistake, the objections that objectors to the Will take, to such misdescripttion etc.

T. Kalaiselvan, Advocate (Advocate) 01 April 2024

If the Will has a mistake over the property bequeathed in the Will and the testator is reported to have died, then it can be treated that the testator did not have rights i.e., clear and marketable title in the property bequeathed in the Will, therefore the bequest made in the Will may not be executable

Then the property will fall under intestate inheritance.

You may file a suit for partition to claim your rights in that intestate proeprty