Reading of the will
milind phope
(Querist) 15 April 2012
This query is : Resolved
I have little confusion on the subject.
"A" has made a registerd Will. "B" is Legal heir as well as the administrator of the said WILL.He is also a sole beneficiary of the entire property of "A".
Now "C" and "D" are the other legal heirs."B" has not shown the said WILL to "C" and "D" for 8 long years but during those years "B" has managed to transfer the property on his name without knowladge of "C" and "D" for those 8 years.
Recently "C" and "B" came to know about this WILL and found out that the WILL was made under undue influance on the WILLmaker."C" and "D" has documental evidence to prove that the WILL was made under pressure by "B". My query:-
1)Can a beneficiary hide the WILL from other Legal Heirs and transfer the property with the help of this Will out and out.
2)Now that property is already transferred how can "C" and "D" challange the WILL.
Nadeem Qureshi
(Expert) 15 April 2012
Dear Milind
first of all,is the property is self acquired or ancestral?
if the Will is registered and the property is ancestral the Will is Ab-initio void.
if the property was self acquired and C and D have the documentory poof that this Will was execute under Pressure, C and D can file a case for cancellation of Will and also file a criminal case u/s 420 IPC
feel free to call
ajay sethi
(Expert) 15 April 2012
contact a local lawyer . if C and D are legal heirs under the will they could apply for probate of the will .
how can B transfer property in his name which was standing in name of A ? the rights of B flow from the will and without the consent of other legal heirs property could not have been transferred .
since will has not been probated there is no judicial proof of the will . C and D can challenge the transfer of property made by B by filing suit for declaration thaT sale of property is illegal and for injunction restraining B from creating thrid party rights in respect of the said proeprties
Raj Kumar Makkad
(Expert) 15 April 2012
1. No.
2. Yes. C & D without showing having any knowledge of the alleged will can come to the court with partition and possession of the entire properties left by A and let the B come with his reply. You can then challenge the alleged will in replication.
prabhakar singh
(Expert) 15 April 2012
1)Can a beneficiary hide the WILL from other Legal Heirs and transfer the property with the help of this Will out and out.
My Answer would be NO.
2)Now that property is already transferred how can "C" and "D" challange the WILL.
My Answer:
C and D can file the suit against both,the so called beneficiary and his purchaser,seeking cancellation of both instrument and in my opinion buyer shall not be successfully able to prove bonafide
purchaser for value if his seller did not obtain letter of administration from court
in which 'c' and 'd' were also parties.If such a course of letter of administration was adopted by 'b' where 'c' and 'd' were served with notice and treated exparte then
'c' and 'd' are required to get that case opened by restoration on the ground of fraudulent service and no knowledge of that case.But plea of bonafide purchaser may prevail in such a circumstance.
milind phope
(Querist) 15 April 2012
The property was self-acquired.
Actually when "A" expired in 2004 and ,the "Verdi" has gone to Tahasildar alonwith DC ,for inclussion of the names of legal heirs "B'C'D on 7/12 extract of the property in year 2006.So it was done in 2006 but for these two years "B" did't surfaced the said WILL.
"B" filed an objection in 2006 saying,verbally ,that since it was "A"'s wish ( not will) to give the entire property to "B",and Tahasildar should do so,but "A" did not submit the said registered WILL to support his objection.Tahasildarsaheb ,at the hearing in 2007 ,in his office,repeatedly asked "B" about any WILL available,but "B" didn't submit the said WILL, fearing that "C" and "D" would have,immidiately prove then and there, that,the undue pressure was used when WILL was made.
Based on, documents submmitted and statement by both the parties,Tahasildarsaheb had given Judgement and endorsed names of "B" C" and "D" and did the "Varasnond" on 7/12 of the property by an Official Order.Accordingly the 'Varasnond" on 7/12 was confirmed in the books of Revenue register.
Now if "B" goes for probate ,does this WILL stands for clearance in his favour.? How strong the objections of "C" and "D" will standout for
1) the undue pressure was used ( documents are there to prove)
2) Refusal of "B" to submit the WILL at Tahasildar resulting the final "Varas-nond" which is already made.
This is the last query,so please don't mind.and advance thanks for the given and anticipated advice
Raj Kumar Makkad
(Expert) 15 April 2012
Even in the given circumstances, which you might have disclosed in your initial query, there is no change in my reply. B has got no right to hide the will especially when he had become part of 7/12 entries change after demise of A. C & D have a very good case to challenge the actions of B.
