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P.Muthusamy (Retired Senior lectureu (Technical Education))     17 March 2022

Will

My father had written a registered will ( 1954 or more ) bequeathing various properties to 13 members of his heirs .
(Self acquired properties) One son and one daughter, of his first wife ( who was not alive ) , his second wife and 5 sons and 5 daughter. Total 13 .
In that will he had written that , the properties that he would purchase after writing this will will Belinda his 5 sons of his second wife ,
He purchased Two properties after writing the will. Now (year 1997) two of the 5 fille a suit to partition the properties among the 5 equally .
The magistrate dismissed the case quoting that how the testator can write about the properties that he will purchase after writting the will and dismissed the case , What is the reply ?
Did my father have no right to write about future properties that he might buy ?


Learning

 7 Replies

Advocate Bhartesh goyal (advocate)     17 March 2022

Will can be executed not for only existing properties but also for those properties may be acquired during lifetime of testator.Will is expression of intention of the testator in the manner in which he wants his properties are to be devolve on his legal heirs or on others after his death.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 March 2022

You go in appeal against the order of the magistrate. There may be problem with the wording of the will. One has to see the actual will and the order of the magistrate.

Shashi Dhara   17 March 2022

Question in appeal court ,.

P. Venu (Advocate)     17 March 2022

How is that a civil matter is before a Magistrate - i.e. a criminal court?

P.Muthusamy (Retired Senior lectureu (Technical Education))     17 March 2022

Thanks Sir.for your prompt reply 

Palak batra   18 March 2022

Dear Querist,

 

The will can however be made only for self-acquired properties and not for ancestral properties. Even future properties can be bequeathed which accrue to the testator after the execution of the Will. The Will takes effect after the death of the testator and can be revoked only during his lifetime. A word of caution though is that the testator cannot bequeath his estate to a charity leaving his family in a state of poverty and thus depriving the family, without giving very good grounds for such disinheritance that would stand the scrutiny of a court of law.

 

Regards,

Palak

Dr J C Vashista (Advocate)     18 March 2022

Very well analysed, opined, explained and advised by experts, I fully agree.

Challenge the order passed by the Court in an appeal through a local prudent lawyer.


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