Wrong mention of door number
Dr G V Rao
(Querist) 17 September 2011
This query is : Resolved
The executant of a WILL bequeathed his property to his wife. This door number of this property is 110. The same executant had earlier divided the door number 110 into 110/1 and 110/2 and the property for the door number 110/2 was already registered by him on his son's name. This was mentioned in the WILL. In the Revenue records the property is shown as 110/1 and 110/2. The door no. 110 is not shown in revenue records.
However due to some mistake the executant mentioned throughout his WILL that property bearing no. 110 is bequeathed to his wife instead of 110/1. My query is whether the WILL is valid due to such mistake and whether the son will loose his share to the mother.
prabhakar singh
(Expert) 17 September 2011
Yes !it is valid,error can be explained by oral evidence,if testator is dead and will has come into force.The will can not be thrown away on this score alone.
However if testator is still alive and there is no on going litigation a corrigendum can be written in nature of rectification or a fresh one can also be made.
ajay sethi
(Expert) 17 September 2011
i agree with expert mR prabhakar singh
Raj Kumar Makkad
(Expert) 17 September 2011
The will is illegal qua the already executed property bearing door no. 110/2 and it shall be legal only qua the property which was duly owned by executant means 110/1 in the given case.
Shastri J.K.
(Expert) 17 September 2011
I agree with Experts.
prabhakar singh
(Expert) 17 September 2011
with which expert Mr. shastri j.k.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
The other portion is already registered. There should be no problem.
