Will is legal or not ?
raj kumar ji
(Querist) 24 August 2011
This query is : Resolved
RESPECTED ALL ,
HERE IS A CASE -
A REGISTERED WILL IS WRITTEN BY A MR RAKESH IN 1988. IN HIS WILL HE WRITE DOWN THAT ALL THE MOVABLE OR IMMOVABLE PROPERTY WHICH IS EARNED BY ME AFTER MY DEATH IS GOING TO MY WIFE ONLY . IN 2002 HE PURCHASED A LAND OF 1200 GAZ IN GUARGAON .IN HIS NAME . NOW THE MR RAKESH WAS EXPIRED ON 2008. NOW THE WILL IS INFORCED BUT THE OFFICER SAYS THAT THE PROPERTY WHICH IS PURCHASED ON 2002 IS NOT COVERD IN THIS WILL . WHAT IS THE REASON IF IT IS POSSIBLE ?ACCORDING TO WILL ALL THE PROPERTY IS GOING TO THE BENIFICIARY OF THAT WILL .
R.Ramachandran
(Expert) 24 August 2011
Many persons think that WILL writing is very simple and without the aid of a lawyer it can be written. Yes, it can be written, but what amount of confusion it would create after the person dies can be visualised. The present case is one such.
For instance in the instant WILL written in the year 1988, it is stated "All the movable or immovable property which is EARNED by me AFTER MY DEATH is going to my wife only."
The above sentence is capable of creating very many doubts.
1. "earned by me after my death" - how can any property be earned after one's death?
(In fact what the testator meant was all the properties earned by me, is going to my wife only, after my death.)
2. "All the movable or immovable property which is EARNED by me" - this means that those properties already earned - not to be earned etc. etc. That may probably the reason why it is said that the property purchased in 2002 is not covered in the WILL.
I am only giving the thinking by the officer concerned. I am not for a moment opining anything about the correctness or otherwise of the actions of the Officer.
Sankaranarayanan
(Expert) 24 August 2011
Mr Ramachandran’s explanation is well. This is purely interpretation of status . but as for the will is concern it was created by the year of 1988, then after the deceased is added some assets in his own. As per the will , the officer’s question is correct.
More over Mr ramachandran explained about the procedure of making will , without lawyer’s concern almost it is invalid.
Normally the will should be opened after those person’s demise only.
It should be opened by the family lawyer or any lawyer before all the member of family
prabhakar singh
(Expert) 24 August 2011
"This is purely interpretation of status "
But who will do that,only court,or any one?????
A will prepared without lawyer is not invalid.What Mr.R.Ramchandran wants to drive home that a lay testator can create lot of confusion if he is unable to draw proper sentences as per his intentions.Such things even occur,though not very often,even by lawyers incompetent in drafting.
Law does not require a will to be sealed as of legal necessity.It can be a open will by registration or otherwise too.
It is sweet will of the testator with whom to keep the will,sealed or unsealed ,he may keep it sealed with District Registrar ,with direction to open it after his death and then to register the same.The sealing option is to maintain secrecy as its openness may cause a danger to life of testator by those deprived of succession.
Shastri J.K.
(Expert) 24 August 2011
that the property purchased in 2002 is not covered by the WILL written in the year 1988.
M/s. Y-not legal services
(Expert) 24 August 2011
every thing is possible.. even though the will made earliar also we can include the property which is purchased in the year of 2002.
raj kumar ji
(Querist) 25 August 2011
some thing clear about the case
1- the testator meant was all the properties earned by me, is going to my wife only, after my death.
2-the property is purchased by him on 2002.and the will is made on 1988.
his death was 2005. in his will he declare that all the property which is earned by me is going to my wife after my death .so the property which is purchased 2002 in his name ?
R.Ramachandran
(Expert) 25 August 2011
If the authority refuses to mutate the property in the name of the wife on the basis of the said WILL, you have to approach the Court for directions to the Authority concerned.
There is absolutely no point in discussing as to what should be the meaning and outcome of such an ambiguously worded WILL. Ultimately, it is the Authority who has to get satisfied about the true import of the contents of the WILL in question.
raj kumar ji
(Querist) 25 August 2011
this is a registered will
raj kumar ji
(Querist) 25 August 2011
so this is the last option to go to the court only .
