Legal Question in Wills and Trusts in India

Will & piece of land

A to D are brothers and S was sister. On partition deed executed in 1925, D & S are minor and C was guardian to them. Piece of land was given to S as their father�s gift (Manja Khni). In partition deed between brothers the word, if there is no legal heirs for S, the piece of land given to S is to be shared by all. Such a situation was happened in 1955. In 1955, as she lost her husband and no one to take care, she came back to stay with his brother �C� and she also died in 1957 and final rituals was done by �C� alone. After her demise, In 1959, C executing a REGD WILL, in which the piece of land was mentioned as his own and that the land can be shared by his �C�s two sons after his demise. In the 1959 WILL executed by C, B and his elder son, who was a practising advocate were witnesses to the Registered WILL. In 1972, A�s 2 sons making a partition deed, in which also they have not mentioned their right about the piece of land given to S. In such a situtation, Who can claim the right over the property, since �B� and his elder son were witnesses to the REGD WILL exeucted by �C� and In the partition deed executed by A�s sons in 1972 no mention about the piece of land in their partition. Can the property be of C or C & D.


Asked on 7/11/08, 2:37 am

2 Answers from Attorneys

Sumit Mehta S 'n' S Law Offices

Re: Will & piece of land

Sir,

It would be not wrong to say here that the situation what you have given can go in your favour.

But it would be wrong on our part to give any opinion only on this basis.

We will need to evaluate the documents first and then only we may be able to give our true opinion

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Answered on 7/12/08, 1:42 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Will & piece of land

Already Replied

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Answered on 7/18/08, 11:48 am


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