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

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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.