benificery in will for ornaments asking for latter of administration for whole fixed and movable est
Querist :
Anonymous
(Querist) 02 May 2011
This query is : Open
I Mrs.P have put up this query but it was not clear,so i am puting it again
I am one of the legal heir of my dececed mother Mrs.T,her brother Mr.J made will in faour of his nephew Mr.A,depriving my mother, and his own brother Mr.K
On death of my maternal uncle Mr.j,the only executor Mr.A filed case for probate. During pendency of suit he died,and due to his death the suit was withdrawn by his lawer.
Brother of Mr.j,that is Mr.K also expired.and now my mother Mrs.T remaind only legal heir of Mr.J
mother of Mr.A,Mrs.PA approched court for substitution but the same was refused.
Mrs Pa was also given some ornaments in will. Hence she now approched court as benificery in will for latter of administration wtih attched will.
She is benifciery for only small protion of
total assets. total fixed asset amount to
rs. 1 crore and the ornaments are valued at Rs.1.5 lac only.
Now recently my mother Mrs.T also expired and court sent me citation for filing caveat, which i filed.
The will appears to be fraudulant.
My quation is,
Can I plead that as only small portion of ornament is given to benificery Mrs.PA,and that to is in her posseion,and as she has no right on fixed asset,as on death of her son Mr.A,no right to sue survive on her,the latter of administration should not be give to her, and I along with my borther and sister,being legal heir claiming under my mother Mrs T be given the all other fixed assets of my mothers share.
Is it a proper plea,or I should chanllege the will whcih may longer time.
Kindly guide me.
