Civil Procedure Code (CPC)

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Abhijit Mukherjee   18 September 2016

Legal will

My mother died in year 2002. No Will was found and nobody came forward to execute. Hence as per Succession Certificate I inherited all her assets as only child.Now if a will is found later where a Charity Organization may be the sole beneficiary how much do I have to hand over ? All the assets received after her death as per succession certificate or anything more ?


 8 Replies

Kumar Doab (FIN)     18 September 2016

All assets narrated in the VALID WILL!

prof s c pratihar (medical practitioner &legal studies)     18 September 2016

you have not told what is written in will.who is the executor?is it registered?who got probate?if it is a valid document law will enforce it accordingly.

Abhijit Mukherjee   19 September 2016

So far the will of my mother is not found. It is a presumption that she may have kept a will in her locker with her friend as nominee. The locker is not yet broken and bank could not find her friend so farwho is the nominee.So far nobody executor or witness came forward regarding.My.question is suppose the will is found after 16 years obviously I have to return all the her assets to the beneficiery but do I have to give additional interest on the asset as I have spent the money.Further while inheriting the assets I and nobody had any knowledge of the Will. Hence can I argue that I can return the original sum but not any interest ?

Kumar Doab (FIN)     19 September 2016

All assets/properties with mense profits.

You can contest.

Court shall decide on merits.

And/or if some agreement is possible with beneficiary in valid WILL.

The delay in acting upon/execution of the WILL may be condoned as per circumstances.

 

Nominee is only trustee.

You being only legal heir and holder of succession certificate may reprsent to bank to allow you to be present if and when locker is broken and opened.

 

And/or request the court to allow you as successor to open the locker.

 

Successin can prevail upon nomination.

 

Show all docs to a very able counsel  for a cosidered opinion on options,remedies and merits.

 

Abhijit Mukherjee   19 September 2016

I filed a case in Court regarding the locker but unfortunately for my fault the case was dismissed in default on 30th April'14 lawyer said they may not be able to restore. However, even after that the locker was not broken as bank could not trace the nominee

Kumar Doab (FIN)     19 September 2016

Represent to the bank and let the bank reply that Nominee is not traceable.

If required pursue RTI route.

Obtain second opinion on restoration of the case.

 

 

Abhijit Mukherjee   19 September 2016

No I did not find any list of her assets after her demise and most probably it is not attched to the will if the will is there in the locker

Abhijit Mukherjee   19 December 2016

What are the grounds on which mesne profit can be contested please ? Are there any grounds ?


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