Legal Question in Wills and Trusts in India

Dear sir ,

we have court case in maharshtra case for partition .between 1 st wife (no childen to her) & second wife (with 4 childeren) . both are widows . husband made proper noterised will deed . but court case is just dates from last 15 yrs .

notary given will favoring SAKSH .

but other two sakshidar of will not found as 17 yrs passed after will .

what decision court will take ?

all property is self earned .some share is given to evrybody.

please give me suggestion or any refference that on one notary confirmation court has to accept the will deed .


Asked on 5/03/14, 7:18 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

04.05.2014

Dear Sir / Madam,

Going to the Court is an absolute waste of time and money, matters will simply drag on and at the end of which it will not yield any concrete result. Instead mutual reconciliation and settlement between the two widowed wives is the only way forward. The "estate" of the deceased has to be sold off at the prevailing market price and the proceeds have to be shared between the two wives and their children in keeping with what has been stated in the Will. If there is nothing specific stated in the Will of the deceased husband, the proceeds of the "estate" have to be equally divided amongst the two wives 50% - 50% to each wife.

Regards,

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Answered on 5/03/14, 8:08 pm


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