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PRAKASHCHANDRA MARU (lawyer)     29 August 2021

Property law

Hello all learned 

i would like to share my question before you that Mr x executed unregistered will in favour of his wife namely A and three other sons namely B C D  and two daughters E and F. in the presence of testator he has given share to daughters so no share pending for daughter. he mentioned that the other share in movable and immovable property will be delivered to  her three son and wife on equal part. now testator died so i would like to lodge probate application but question is that his wife and  2 sons have been got death. now one son is alive so he will be become an applicant   and he will be demanded his share as per  will but question is that what   should be mention in petition about the portion of the others who got death 

pls kindly inform me  

regards



Learning

 4 Replies

Dr J C Vashista (Advocate)     29 August 2021

E & F (daughters) of the testator have already stated to have received their share of property during life time of A (Father/ Testator), what is the relevancy of E & F in the Will ? Whether E & F have been excluded (as beneficiary) in the share of property through the Will ? What do you intend to communicate with the sentence, stating inter alia, that, " ...question is that his wife and 2 sons have been got death.." ?? Confusing statement. What is your locus standi and concern with the facts vis-a-vis query ? It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Pradipta Nath (Advocate)     29 August 2021

Sorry as the statements made by the questioner are simply unfathomable!!

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 August 2021

The court shall grant probate only to an executor who has been named in the Will.

P. Venu (Advocate)     29 August 2021

The facts, as posted, are misconceived. Please post the facts in a language which we can comprehend.

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