Execution of will
Dr.Gaurang N. Gandhi
(Querist) 29 August 2012
This query is : Resolved
Sir ,
My client A and X is the executor as appointed by his grand Mother Z in an unregistered will.
In that unregistered WILL she had also mentioned that what ever movable property in form of Company Shares , Gold, Hard cash etc.. the executors should donate some money to P, Q R places and in temples etc... and remaining amount to distribute among all their sons' sons
Here A has 4 Brothers and X has 4 brothers
There are two house one is in Gujarat and other is in Maharastra is also stated in will but not explain what to do for the two houses.....
Now the problem is that there is no such movable property found to donate as in specified.
Please Guide me
How to proceed? and which court has jurisdiction? viz J.D. -S.D. or district Court?
and who can apply..
ajay sethi
(Expert) 29 August 2012
is there a resdiuary clause under the will ? there is generally a clause in will which cover all contigencies .
Yogesh Anand
(Expert) 29 August 2012
This will is ineffective as you have stated that there is no immovable property to be donated or shared. Second point is that the immovable properties have been mentioned in the will but not stated how to be shared. How can it be executed????????
