EXECUTION OF A WILL

Querist : Anonymous (Querist) 06 May 2010 This query is : Resolved
Dear Sir,Pl. let me know how a will is executed ? Whether all the persons mentioned in the will have to give their consent as to the property allotted to them ? Who opens the will ? Within what period the will should be opened ? If the will is not opened within 3 years of tha death of the executor of the will whether it can be challenged after the expiry of the three years on any matter pertaining to the will ? What is the procedure for challenging a will ?
Thanks Sir

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A V Vishal (Expert) 06 May 2010
Will is executed by the person named as the executor in the will. The will of the deceased will be executed in the true spirit of the deceased testator, consent of beneficiaries is not required to implement the will. The executor will implement the will however, there is no time frame to bound the executor to implement the same.

Raj Kumar Makkad (Expert) 06 May 2010
I concur with vishal

Querist : Anonymous (Querist) 07 May 2010
Thanks Sir for the reply. What will happen to the will if the property mentioned in the will does not belong to the person writing the will but is the ancestral property and the person has written the will regarding the whole ancestral property ?

A V Vishal (Expert) 07 May 2010
In such case the will is invalid

Ashok Yadav (Expert) 07 May 2010
will made in regard of ancestarl property is voidable on the instance of any coparcenar, who should get share in the ancestral property, if he is not getting his proper share according to will.

Querist : Anonymous (Querist) 11 May 2010
Thanks Sir. Sir is there any time limit of opening the will after the death of the person making the will ? If the will is opened after 3 years of the death of the person making the will can the persons named in the will file a suit as to the property mentioned in the will if (1) the person writing the will has complete right as to the property
(2) if the person writing the will has no right as to the property say it is ancestral property not partitioned ?
Thanks Sir

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