Whether the will can be challanged by his legal heir(after the death of the deceased) father
JAVED AFZAL
(Querist) 11 September 2014
This query is : Resolved
Sir,
Kindly provide me following point
Ancestral house was mutually divided by the brother of deceased and they are in possesson of their share surrounded by walls.After the death of deceased(i.e. one brother) his legal heir are challeng the deed.For mete and maite and bound and redivision of the house occupied by big brother
Sudhir Kumar, Advocate
(Expert) 11 September 2014
vague query.
whether deceased has selef earned property?
whether devision was by way of any will
whether any successor left out.
whether left out successors had noticed at the time of transfer
whether partitioned property is registered.
whether possession is segregated.
whether urban or rural property.
whether separate mutation of separate share is executed.
when will was executed
when deceased died
when transfer made,
Dr J C Vashista
(Expert) 11 September 2014
I fully appreciate the observation made by expert Sh. Sudhir Kumar ji. It is a totally vague, imaginary and hypothetical story.
Kumar Doab
(Expert) 11 September 2014
Agreed with Mr. Barman.
Rajendra K Goyal
(Expert) 11 September 2014
Agree with the expert Devajyoti Barman.
malipeddi jaggarao
(Expert) 11 September 2014
Please respond to expert Mr.Sudhir Kumar's observations.
ajay sethi
(Expert) 11 September 2014
answer queries raised by Sudhir kumar
Raj Kumar Makkad
(Expert) 12 September 2014
Additional Query:
Whether the deceased is governed by Muslim Law and if yes then whether the parents of the deceased are alive?
JAVED AFZAL
(Querist) 14 September 2014
A house was divided by two brothers by mutual consent in writing . One brother has mentioned this fact in his will before his death.
Now after 6 years of his death his legal heirs want this house to be divided again by meets and bounds, whereas other parts of “will” i.e. regarding agriculture land, bank balance,etc has been accepted by his heirs and implemented.Now please advice whether after 6 years of execution of “will” this part of the “will” can be challenged in the court of law.
(I) “Will” is unregistered but his legal heirs has accepted it in to-to only one part i.e. house dimension part of “will” has been challenged. Both brothers had built their own house in their own parts which are surrounded by boundary walls. Both the houses got registered-MC (Muncipial Committee) in their own names accordingly 6 years back
Raj Kumar Makkad
(Expert) 14 September 2014
A Muslim cannot bequeath more than 1/3 share of his property by way of a will hence the will can definitely be challenged on that score otherwise will has already been executed and the law of limitation also do come before the petitioners.
Dr J C Vashista
(Expert) 15 September 2014
Very well advised by expert Sh. Raj Kumar Makkad,I agree and appreciate.
T. Kalaiselvan, Advocate
(Expert) 17 September 2014
No doubt a Muslim cannot bequeath more than one third of his property through a Will and this will can be challenged if he had bequeathed the entire property, however once the legal heirs accept the other benefits mentioned in the Will, the question of non-acceptance of this particular portion of will may arise. Since the property was already partitioned and duly registered and mutated, challenging the issue may turn futile, better consult with your lawyer and proceed.
Raj Kumar Makkad
(Expert) 17 September 2014
In case of muslim testator, Muslim can bequeath one 1/3rd of his property.
The heirs of a Muslim can consent to bequeath more than 1/3rd of estate of testator.
A Muslim testator can cancel any legacy or change his Will.
It is to be remembered that Muslim Personal Law governs Muslim testator to make a Will.
