Legal Question in Real Estate Law in India

a lady executed a will without date executed on a nonjudicial paper (date of issue of stamp paper mentioned ) vesting all her movable and immovable assets in favour of her husband. She is survived by two sons who are married and havve children. After obtaining death certificate, legal hier certificate the undated will was notorised. The sons obtained loan from the bank equitably mortgaging a house property of the deceased and the husband of the deceased who inherited the assets stood as guarantor the credit facilities. The equitable mortgage was created by the husband and her two sons. When financing bank enforced the mortgaged security, the daughter in law of the deceased produced another will dated subsequent to the undated will,purported to have been left by the deceased wherein the deceased vesting the properties in favour of the grand children filed suit against the financing bank contesting the validity of the mortgage. whether the suit is maintaintable ?


Asked on 7/27/11, 7:09 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

All the suits are maintainable, unless specifically barred by any law.

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Answered on 7/27/11, 9:48 pm


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