Wills

Querist : Anonymous (Querist) 09 January 2012 This query is : Resolved
my cousin uncle "X" had one real brother "Y' who expired in 1996 . my cousin uncle expired in 2003 . in the year 2000 my cousin uncle 'X' had executed a Will duly registered in S/R office in respect to his properties and assets in favour of my mother . One 'A ' was he witness to the said Will . Now the children of "Y" are claiming to be the legal heirs of the properties of 'X' . Now "A' is supporting the children of "Y' and has filed the Affidavit in the court saying that the said Will was executed by 'X' under pressure and coercion in an unstable mind .

Here it is pertinent to mention here that the children of 'Y' has admitted the said Will in another case against some third party in 2004 . what are the chances of my mother of winning the cae and what are the legal remedies available to my mother to get the assets as per the Will .

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Querist : Anonymous (Querist) 09 January 2012
my cousin uncle 'X' was bachelor and never mariied and thus had no children . his mother and father had already expired .

Deepak Nair (Expert) 09 January 2012
Your chances cannot be foretold in the absense of details. Papers has to be seen for appropriate guidance.

But, on the basis of your contentsions above you have two strong points.

1. Your will is duly registered with the office of the subregistrar.
2. The childrens of Y have already admitted the will in another case.

The other issue which can arise in this case is that whether the said property is ancestral or self earned property of your said uncle. If the property is ancestral, then the will is invalid and the children of Y have claim on the property.

ajay sethi (Expert) 09 January 2012
has the will been probated? was the will signed in presence of 2 witness ? or A is the only witness ?

your mother has a good case on merits .

since children of Y have in legal proceedings admitted that will ha s been executed by X in favour of your mother .

as pointed ot by deepak nair the issue that has to be considred is whether property is ancestral or self acquired of X

prabhakar singh (Expert) 09 January 2012
Your entire brief has to be studied for such a kind of evaluation.On given facts if the second attesting witness of will is favoring you then in view of admission of will in previous case your mother's chances weigh more than her opponent.

Devajyoti Barman (Expert) 09 January 2012
Agreed with the views above...

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