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legal heir but not in will,testator died,his mother as benificery claiming latter of administration

Querist : Anonymous (Querist) 30 April 2011 This query is : Resolved 
Sir,
I am legal heir of my maternal uncle who died,and made a will in favour of his nephew,the nephew also died,his mother asked forprobate/ substition,but court refused,now she is benificery of the will for ornaments and silver items. She is asking for latter of administration with will attached. the items for she is benificery is valued Rs.1.5 lacs and total fiexed esate is of Rs.1.5 cores.
The origianl benificery was caretaker of my maternal uncle,and we are not included in will.
Is there any way by which we can claim the property and give the benificery her movable ornaments and silverware as mentttioned in the will. we are chalngening the.
Can we the legal heir ,can file for latter of administration as seperate case without will.

thanks
latik
R.Ramachandran (Expert) 30 April 2011
Dear Mr. Latik,
One cannot be more confusing than this.
Do you mean to say that your uncle made a will in favour of his nephew for fixed assets, and in favour of his sister (i.e. nephew's mother) in respect of ornaments and silver items?

Then please state, as to when the nephew die? Before your uncle, or after your uncle?

Please also state, what the WILL says in case the nephew pre-deceased your uncle.
Querist : Anonymous (Querist) 02 May 2011
there is only one will,and it is made in favour of nephew,and in the same will some ornaments and silverware are given to nephews mother. the nephew died after my uncle,while the suit for porbet was pending. Her mother asked for substitution,but refused by court..But she was asked to apply for latter of administration. My question is that ,the only item she is betowed under will is movables i'e ornaments,why she be given latter of adminstratio for fixed assets, as she do not have any right surviving to sue.
Is there any way we can take objection on this ground..


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