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Will -implimentation.

(Querist) 26 September 2009 This query is : Resolved 
Dear LCI friends,

In case of a Will Without any property details and Testatrix uses, the wording

1) "All my remaining lands which are either in my personal cultivation or under tenants are bequeathed to MR.'X'; After my life time he shall take appropriate proceedings for either recovery of the land or of compensation from persons in occupation and take possession of the lands which are under my occupation".

2) "Any property which is not expressly specified herein shall be inherited by Smt. 'Y'."

What will Mr. 'X' 's & Smt.'Y' 's Claim.

with regards...
adv. rajeev ( rajoo ) (Expert) 26 September 2009
Will it self is not clear. The executior of the will should clearly mention the details of the properties in the will, otherwise it leads dispute.
In this case will executed is not clear, which properites are given to X and to y are not clearly mentioned.
The sentenct All my remaining lands.....is not sufficient.
the way to litigation.
Ramesh (Querist) 26 September 2009
Dear sir,
Thank you very much for you reply, but further...

It contains (as residuary legatee) ,in 2)"Any property which is not expressly specified herein shall be inherited by Smt.'Y', as residuary legatee."

With regards...
Sachin Bhatia (Expert) 26 September 2009
The words mention in the above query are sufficient for WILL, but it will be better to mention the full description of the property.
Raj Kumar Makkad (Expert) 26 September 2009
Here it is not the question what ought to have been written in the will. Here is the matter of an interpretation of an existing will disclosed after death.

As per my opinion the testator has given the description of some land in the preceding paragraph of para 1 of your version and in this para (1 of your version), he wants to say that all land except this be given in favour of X and all property except land not mentioned in any of the paragraph is meant to be given to Y.
Ramesh (Querist) 27 September 2009
Dear Friends,

THANK YOU VERY MUCH for the reply.

Raj kumar makkad sir, no details are given in first para also. The family holding vast extent of lands,some are occupied by out side family persons and are acquired by GOVT. I will send the details.

With regards...
Sukhija (Expert) 28 September 2009
u will have to prepare list of properties in the name of testator and then give meaning to the wish of the testator.
will is no doubt full of doubt, can b challenged and time consuming to get relief early to X & Y


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