Limitation

Check Madar (Querist) 17 July 2020 This query is : Resolved
Dear Advocate Sir,

In brief:
We are Muslims and my father got married in the year 1931, he left 5 sons and 2 daughters. and an old house property.
He had executed a conditional and religious will in the year 1982 in favour only one of the legal heir-co sharer
for half of the property on certain terms and another half on. certain conditions,
The existence of such a will came to my knowledge by the year 2013.
Now I have proposal to file a case to declare such a will is not valid.
does it come under limitation limit?
Is there a limitation of 12 years from the year 2013?
Pls advise me, and thanking you

Follow Query

Report Abuse

Quick Summary

This discussion concerns the validity of a conditional Muslim will executed in 1931, favouring one heir for half the property. The question arises whether a challenge filed in 2013, after learning of the will, is time-barred. Legal advice suggests a 3-year limitation period from the date of knowledge for challenging a will, potentially making the claim out of time. Further clarification on the will's terms and seeking advice from a lawyer specialising in Muslim Personal Law is recommended.

Dr J C Vashista (Expert) 18 July 2020
Limitation of 3 years starts from the date of knowledge for filing a petition for probation of the will or suit for declaration of will as null and void .

Dr J C Vashista (Expert) 18 July 2020
Show the document of will to a local prudent lawyer practicing in Muslim Personal Law for better appreciation of facts/ documents, professional guidance and necessary proceeding.

SHIRISH PAWAR, 7738990900 (Expert) 18 July 2020
Hello,

You have to challenge the will within 3 years from the date of knowledge. So your claim will be out of limitation. Visit local advocate he may find some solutions.

Rajendra K Goyal (Expert) 18 July 2020
Limitation is 3 years.

Discuss in detail with local lawyer expert in personal law and proceed accordingly.

P. Venu (Expert) 18 July 2020
Facts, as posted, lacks clarity.
What do you mean by conditional and religious Will - and legal heir co-sharer?
Are there one Will or two Wills?
Who are the beneficiaries of the Will?
Apparently, your father is no more? When did he die?
What is the present status of the property? Who is in possession/occupation?
How did you come to know of the alleged Wills?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries