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JAI Shankar (prog)     19 November 2017

will excursion

sir/ madam
In will of my grandfather he has written the vacant space mentioned for walking in the name of my mother and one aunt . after that he has constucted a shop which is rented. after his death. others asking it belongs to all. is it so but in the will it is clearly mentioned only two names my mother and aunt now does the shop belongs us . if so how to take it. please guide...


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 2 Replies

Vijay Raj Mahajan (Advocate)     19 November 2017

Will mention the vacant land bequeathed to mother and aunt however on vacant land structure/shop was constructed during the lifetime of the testator. Will was not alerted with regard to the build-up structure or shop hence the doubt with regard to this build-up structure or shop exists. The Will had mentioned to use the land for walking purpose but its use was changed subsequently hence the Will becomes invalid and non-operational. If the Will mentioned about any structure built on the vacant land shall devolve upon the mother and aunt, then it would be possible for getting the Will executable, but not now. All heirs of the deceased will get right to claim share in the existing property including both land and shop.
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JAI Shankar (prog)     20 November 2017

Sir if the will need to be executed legali through court like partition and which part belongs to whom how to do it... please guide

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