Declaration suit

This query is : Resolved 

18 September 2019

Declaration suit with further relief of cancellation.

My father (Muslim ) executed a will for more than 1/3 of the property that he left, for fulfilling his religious rights..
in favor of one of the legal heir-B.
Period of execution and registration 1982.
Father expired on the year 1986.
B did not obtain consents for the will from the other co-sharers.
B stayed outside India (Overseas) for a long time and returned permanently by this year 2019.
I sent a notice to B, towards the will to be inoperative by this year( when he was physically present here)
I want to file a suit for declaring such a will was null & void, invalid and inoperative, consequently to cancel the registration of the will.

Does Law of Limitation applicable?

Adv. Vaishali Harish Gore (Expert)
19 September 2019

there is no need to obtain consent for will. Probate in the court of law will do. Does B is using the pprty in will since 1986 ? in whose possession ppty right now?

Dr J C Vashista (Expert)
20 September 2019

Incomplete information can not lead to form an opinion and oblige.
Probation of will is not compulsory in the States other than Presidency towns.
It would be better to consult a local prudent lawyer for appreciation of documents/ facts, guidance and proceeding.

Hemant Agarwal (Expert)
20 September 2019

1. A SC judgement has declared a 30 year period limitation to contest WILL, based on cogent reasoning & justifications.

2. Contesting of WILL, would become infructuous, IF the Willed property is appropriated /sold /transferred /gifted /whatever ....

3. B is entitled to execute his Will, for his share ratio of the property, without any further reference to other co-shares or to his own children /legal heirs.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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