Legal Question in Civil Litigation in India
My father left a will bequeathing three floors of his house to three sons and alienated one son and daughter from immovable property, but bequeathed all his cash assets to them. This will stands challenged on grounds of father lacking testamentary capacity and plaintiffs wants 1/5 share and mense profit for excess enjoyment by three brothers; since three brothers have been living in respective floors during life time of father and even after his death. There is no rent/profit being derived and properties are self occpied .Court has maintained status quo for 16 years. My question is:
If the will is held invalid for any reason, Can the plaintiffs (brother and sister Alienated) Claim mense profit from back date.?
2 Answers from Attorneys
The will if invalid, would also mean that the brother and sister's cash assets also is invalid. So mesne profits would not be allowed.
in case the will is declared to be invalid, you may claim the mesne profits.
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