Wrong Execution Of Will
CASE
1. My Father Brig Randhir Singh Nandal expired on 26 Jan 2006.
2. Survived by
Mrs Krishna Nandal ::: Wife
Col Ravi Nandal ::: Elder Son
Mrs Shubhi Kumar ::: Daughter
Mr Rohit Nandal ::: Younger Son.
3. He made a WILL Dt : 14 May 1984 , whereby giving all his property movable and immovable to his wife Mrs Krishna Nandal .
4. He made another WILL Dt : 10 Oct 2003 , superseding the earlier WILL Dt 14 May 1984. Which said :
(a) Property A to go to his elder son Col Ravi Nandal.
(b) Property B : First floor to go to his daughter Mrs Shubhi Kumar, Ground Floor to his younger son Mr Rohit Nandal .
(c) All FDs and cash to his wife Mrs Krishna Nandal .
(d) Clause : On the demise of his wife these properties to be transferred in their respective names .Any of the three children goes to the court will forfeit his/her right and his/her share will go t the other two children.
(e) On demise of his wife Mrs Krishna Nandal the left over immovable property will be shared equally among the three children.
5. Both the wills were in the custody of the mother Mrs Krishna Nandal.
6. Sequence Of Events
(a) Mother Mrs Krishna Nandal based on the first WILL transfers both the properties in her name in 2009 and 2010 respectively .
(b) Mrs Krishna Nandal sells the property A in 2010 , which should have come to me .I had given an NOC in 2010 to transfer the property in her name as per the first will , unaware of the second WILL.
(c) Younger son and daughter , Mr Rohit Nandal and Mrs Shubhi Kumar went
to the court of Lokadalat against the mother for the property B , and got the same in a settlement vide court order Dt 16 Aug 2010 and got it registered in their name on 27 Jan 2015.
(d) Mother Mrs Krishna Nandal expired on 01 May 2017.
7. Observations And Plea.
(a) Mother had two wills , knowing that the second will stands transferred the properties in her name which was illegal .
(b) Sold property A which was to come to me as per the righteous second will.
(c) Brother and Sister Mr Rohit Nandal went to the court and transferred the property in their name against the clauses of the will well before the death of the mother.
(d) On the death of the mother did not intimate the Will of the mother nor as per the will gave 1/3 share of the remaining immovable property .
8. The plea is that Mr Rohit Nandal and Mrs Shubhi Kumar should in accordance with the WILL forfeit their right to the property and that should be given to me and also part with 1/3 the share of the immovable property on her death as per the will.