Will after death is valid ?
Nilesh
(Querist) 03 April 2014
This query is : Resolved
Respected Sir,
A is eldest of all 7 brothers and married,
A doesnt have any child,
A died in 1999 and then his all property got transferred on his Wife's name.
Wife of A,made a registry of all property in front of Registrar in 2012 to B,with all leagal means.
Suddenly, in 2014 comes a person C,saying that he "A" had made him a Will (Mrityupatra)in 1993 for all of his property.
Questions:
1.Is Will valid even after 16 years of death? becasue All the property is on the name of his wife i.e person "B". since 16 years.
2. Will also states that Person "A" has not made any property on the name of his Wife i.e person "B"
3.Will states that person C was supposed to look after B after the death of A,which he fails to.
4.B is still alive,and favours the registry she made. also 7/12 has her name on it (Also all government document has her name too)
5.B is against the Will.
Devajyoti Barman
(Expert) 03 April 2014
1. Will has no life span. If it is validly executed it is still inforce.
Now C can claim the property from B.
Nilesh
(Querist) 03 April 2014
Sir,
Property has not been validly executed by the C Person.
All the property , has been on the name of person B legally, even 7/12 has all of her name.
And B,has already made a registry to someone else 2012.
And C person has revealed the Will now,in 2014.
Guest
(Expert) 03 April 2014
Validity of will depends upon several factors, not merely on the face of the will.
However, I feel, something very cricial is missing in your query. It will be better if you make clear what relation A had with C, in whose favour will was made, and how C was related to B or on what specific grounds A could pose trust on C that after his death C would look after his wife?
Still further, who are the witnesses to the will, the close relatives/ friends of A or other unknown persons?
Devajyoti Barman
(Expert) 03 April 2014
Revelation of Will by C now is of no consequences.
Nilesh
(Querist) 03 April 2014
Respected sir PS Dhingra,
1. A and B are Husband and wife, C is the Nephew of A and B,
2. C used to be helpful in business of A,and was close to him.
3. Will was made in Favour of C,on condition that he will take care of B ,after the death of A.
4.Witnesses are friends of C, and has nothing to do with A.
5.Will was made in Maharashtra State , but property possed by the A is in Uttar Pradesh.
Sudhir Kumar, Advocate
(Expert) 03 April 2014
agreeing with Mr Barman and Mr Dhingra I will reply
1.Is Will valid even after 16 years of death? becasue All the property is on the name of his wife i.e person "B". since 16 years.
Ans : Will is valid but its enforceability depnds upon the facts leading to application of law of limitations.
2. Will also states that Person "A" has not made any property on the name of his Wife i.e person "B"
Ans : Where was he while property was transferred
3.Will states that person C was supposed to look after B after the death of A,which he fails to.
Ans : It is implied contract which has already been frustrated.
4.B is still alive,and favours the registry she made. also 7/12 has her name on it (Also all government document has her name too)
5.B is against the Will.
Ans : let her oppose while he files execution.
Nilesh
(Querist) 03 April 2014
Respected Sir Sudhir Kumar,
Ans 1. What are the limitations that implies on C, while enforcement of will ??
Ans 2. Property got transferred on name of B(Wife of A) since 1999 after death of A.
Ans 3. C failed to look after B, which is against the Will.
Nilesh
(Querist) 03 April 2014
Thank You Sir Devajyoti Barman .
So I can assume That the property owned by someone else , which is given by B(wife of A) no one can challenge that ?
Guest
(Expert) 03 April 2014
Mr. Nilesh,
Still their is some lacuna in your description. If the will states that C would look after the wife of A, the question arises, whether C had regularly been looking after B after the death of A or appeared only recently just to claim the property?
Still further, you have not mentioned what was the place of business of A and how the will could happened to be made in Maharashra and not in UP?
Two instances make the validity of will as doubtful, (1) will made in Maharashtra, if that was not a business place of A, and (2) witnesses being friends of C.
Since several questions may arise further to give some specific opinion on the issue that is why I stated that validity of will depends upon several factors.
So, you may better get your documents examined personally by some expert to get his definite opinion instead of depending upon replies on your partial information through your casual query.
Dr J C Vashista
(Expert) 04 April 2014
Questions:
1.Is Will valid even after 16 years of death?
Ans. Yes it is valid. if all the property is on the name of his wife i.e person "B". during the period of last 16 years.
2. Will also states that Person "A" has not made any property on the name of his Wife i.e person "B"
Ans. Incomplete and vague information
3.Will states that person C was supposed to look after B after the death of A,which he fails to.
Ans. Not concerned with probation of will.
4.B is still alive,and favours the registry she made. also 7/12 has her name on it (Also all government document has her name too)
Ans. No illegality, i.e.,valid.
5.B is against the Will.
Ans. If B is against the will, then how she acquired the property bequeathed therein.
Produce the document before a local lawyer and seek his/her expert advise.
Nilesh
(Querist) 04 April 2014
1. Will was made in Maharashtra, where there is business place of A.
2. B is Wife of A, so the property possessed by A in Uttar Pradesh got transferred to his wife B,after the death of A.
3. C did not revealed Will for last 16 years, and showed Will in 2014. whereas Wife of A i.e B already made a legal registry of the property in 2012 to other person,that person was looking after her husband's death i.e after death of A.
Devajyoti Barman
(Expert) 04 April 2014
You are already advised in detail still you are repeating the same query.
Stop this.
Guest
(Expert) 04 April 2014
Based on your description, there is no doubt that the will still holds good. C has the right to get hold of A's property, the transfer in the name of B being void.
T. Kalaiselvan, Advocate
(Expert) 05 April 2014
At this stage the Will cannot be acted upon without it being probated, during the proceedings of the probate case before the court, the objections over the Will can be recorded and the case can be challenged in an appropriate manner. Consult a lawyer well versed with such cases for further proceedings.
