Validity of WILL after testator death
Kumar Krishan Agarwal Advocate
(Querist) 16 February 2010
This query is : Resolved
Dear Sir,
1. What is the validity of the WILL if the testator dies and the WILL was not executed or probated up to 50 years and the one legal heir(A) has sold out all the properties mentioned in the WILL while the other legal heir(B) who has a specific share mentioned in the WILL not get due to the unaware about the WILL structure(i.e how many properties contains in the WILL he had) because when the WILL was made the legal Heir (B) was minor and the original instrument was in the possession of legal heir(A)?
2. Would all the properties will be recoverable if the legal heir(A) has sold it after 50 years or the right is lost due to the time limitation ?
Ashok Yadav
(Expert) 16 February 2010
I could not under stand how the A can sell the properties if they are according to Will, in the name of B, AND if A had hide the Will then how he can sell all the properties as legal heir of the deceased if B is also co sharer as legal heir. It means if it had done there is a big fraud of documents & revenue records, and if B can prove all it definately he can get all his share back.
Manish Singh
(Expert) 23 February 2010
Dear Mr. Agarwal,
the properties can not be taken back or even, as per my views, no damages can be recovered under the Will since its been a long 50 years. why didnt the beneficiary woke up when he attained majority. that shows he was not concerned towards the will.
still appropriate advice can only be given after seeing the relevant documents and transactions.
H. S. Thukral
(Expert) 28 February 2010
'A' has committed a serious crime by hiding the will from B (IPC 477 ). File a criminal complaint if you so desire to punish 'A' If you have come to know of the Will recently, you can file a suit for recovery of your share with interest thereon.
