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Justin Antony   14 June 2020

WILL related

Dear Experts,

Greetings of the day. please help me... My Aunty(my father's elder) wrote a WILL in favour of me my sister and her younger brother's daughter.

later she cancelled the first WILL and wrote another in favour of the younger brother's daughter only.

after her death we(I and my sister) field a declaration suite in the sub court that to declare our WILL only right one and dismiss her case as null and void. she also field a declaration suite that her WILL only right one.

in 2018 we got decree. ( in both judgement our and her, our prayers refused and defend side dismissed.)

Due to not proved their WILL as per law her case was dismissed.

Now...

which document contol the property?

first WILL cancelled by testator and prayer refused.

2nd WILL (suite)dismissed.

now which document is active on the property?

please help me...


Learning

 16 Replies

RAJIV MODGILL   14 June 2020

I got your number from online
Need Legal help
Send complete details on email I'd advocaterajivmodgill@gmail.com or Fix Appointment
From Advocate Rajiv Modgill
9877173027
1 Like

Justin Antony   14 June 2020

ok thank you sir

Shravanthi   14 June 2020

Hello, Mr. Justin. The will cancelled by the testator is no more valid and the one which was written for the second time will only be considered. It was right on the part of the Court to dismiss the case. I'm sorry to say, but I don't think you will get a share of the property from the cancelled will. But again, if the will favouring you is registered, I think you can again file a suit.
1 Like

Justin Antony   14 June 2020

Thank you so much for your reply Mam...

my question is the dispute property have stands in which document...? stands by parental document?

P. Venu (Advocate)     14 June 2020

Facts posted suggest that there is no Will and the property is left intestate. It will devolve upon the legal heirs in accordance with the law of inheritance, as applicable. Which law applies in your case?

1 Like

Justin Antony   15 June 2020

Sir... Greetings. testator (my aunty) have no primary legal higher only secondary. Her two brothers children.

The first WILL execute in favour of three persons( I ,my sister and my fathers younger brother's daughter ) after 10 years the first WILL cancelled by testator and executive second WILL in favour of the one beneficiary only in the above said. I and my sister filed a suit in sub Court for declaration of the later WILL is forged one ( null and void) and declare the earlier WILL right one. we submit all medical records of my aunty. she is aged and she is not a right mental condition before 2 years of her death and she is not able to make a WILL. status Mayan the court consider all records v said she is not mental condition for the last two years. so she can't make a WILL.in the meantime the defendant also with her and take care. The difendant using her mental condition and executive WILL in favour of herself only.

the same time she also filed a separate case in the same court for declare her WILL (last) is right one.

Both cases going as a connected case.

judgement/decree

1. couldn't say the later WILL is forged one eventhough she is not prove WILL in proper way so the the case is dismissed

2. no more remedy given to plantiff and defendant as per their prayer.

Now the diffendent side appal is going on the district court.

(The testator /my aunty worked as a state government teacher. she adopted my sister in early childhood, after adoption she mentioned in the records that my sister is adopted daughter. after her death my sister got legal heir certificate from the court using the above said records also got certificate from revenue department. As an adopted daughter she received all death benefits from the government authority and bank money also)

if the two WILL is not in force , can my sister claim right over the whole property? is it right or not?

P. Venu (Advocate)     15 June 2020

Please provide facts, not confusion.

1 Like

Justin Antony   15 June 2020

really I'm very sorry sir... I could not tell the problem in right and short... due to language problem.

thanks for your reply... can my sister file a suit for claim on right over whole property?. Already she has got legal heirs (adapted daughter)certificate from court and revenue department for claim the deceased aunty's death benifits.

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     16 June 2020

Mr. Antony, your name suggests that you are governed by the Christian Law. Is it so?

Justin Antony   16 June 2020

Yes sir...

P. Venu (Advocate)     16 June 2020

Was your aunty married? Is the husband alive?

In other words, what do you mean by "testator (my aunty) have no primary legal higher only secondary. Her two brothers children."?

 

1 Like

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     16 June 2020

Originally posted by : Justin Antony
really I'm very sorry sir... I could not tell the problem in right and short... due to language problem.thanks for your reply... can my sister file a suit for claim on right over whole property?. Already she has got legal heirs (adapted daughter)certificate from court and revenue department for claim the deceased aunty's death benifits....
As both the Wills became unoperative,therefore by the Laws of Inheritance, your sister being the adopted daughter of your aunty becomes the Owner of the whole property and by virtue of that Legal Heir Certificate,your sister is entitled to apply for mutating her name in the Record of Rights in the place and stead of your deceased aunty.    
--

 

Justin Antony   16 June 2020

thank you so much for your valuable reply sir... here nobody not understand my real problem... I don't know where the mistakes going on... most of the victims only coming to this portal... once again thank you so much sir 🌹🌹🌹🙏🙏🙏

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     16 June 2020

Originally posted by : Justin Antony
thank you so much for your valuable reply sir... here nobody not understand my real problem... I don't know where the mistakes going on... most of the victims only coming to this portal... once again thank you so much sir 🌹🌹🌹🙏🙏🙏...May be due to language barrier you are unable to understand our replies.You are lucky that the Learned Experts expending their valuable time through their valuable opinions already guided you free of cost so don't consider yourself as victim.

 


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