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being moral   02 May 2022

Is there any time limit to claim a property got through will

Is there any time limit to claim the property given to a religious trust which is the beneficiary in a registered will by a testator who is dead 5 years back and trust is well knowing the facts since day one and overlooking and ignoring its claim so far reasons best known to it.

What will be the legal implications when family of the testator also not yet challenged the will in court and still residing in same property and well knowing the facts too.


Learning

 4 Replies

Advocate Y.K. Mehrotra (Advocate)     03 May 2022

Hello sir

You do not have to.worry at all. There is no outer limit to execute will. 

 

Advocate Bhartesh goyal (advocate)     03 May 2022

Beneficiary of will can initiate legal proceeding anytime to take possession of bequeathed property.No time period or limitation is fixed to execute the will.

Divya Vijayan   03 May 2022

Hello!

As per Section 2(h) of Indian Succession Act, 1925 provides that will is a legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. ‘Will’ is the legal declaration of a man’s intention, which he wills to be performed after his death, or an instrument by which a person makes a disposition of his property to take effect after his death.

In a Will, the testator bequeaths or leaves his property to the person or people he chooses to leave his assets/belongings. A Hindu person by way of his will can bequeath all his property. However, a member of an undivided family cannot bequeath his coparcenery interest in the family property. The property bequeathed can only be claimed upon the death of the testator, hence there is no time limit to claim the property assigned to you in the will. 

Tousif Shaikh   19 May 2022

if the maker or granter of the Will is dead then it's better to make Probate by the authority of the court

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