• Wrong interpretation of will by estate office

My husband in will written in 1st paragraph that after my death my entire property movable and non movable after my death will go to my wife and nothing is to be given to my daughters and she will be absolute owner of my built up house in chandigarh after my death. but in last paragraph he had written that what ever left after death of my wife will be equally divided among my daughters.
now after death of my husband i applied for transfer of property in my name and state office of chd transfer the same but with life time interest.I approach them that why they have transfer with LIFE TIME INTEREST but they said we have done the right thing.now I wanted to sell the same but i can not.Please tell me the  fast remedy or should i go to cort for interpretation of will.
Asked 3 years ago in Property Law from Chandigarh, Chandigarh
1) will of your husband appears to be badly drafted . 

2) as per the first para of will you are absolute owner of house at chandigarh and your daughters would have no share in the property . 

3) last para of the will has sown seeds of confusion . it mentions that on your demise property would devolve on your  daughters . 

4) mutation of property has been done in your name with life time interest and you are unable to dispose the house 

5)  the last will of your husband needs to be seen to advise . 

6) it is better you contact MR ashish DAvesar  Advocate  learned expert from Chandigrah  from this site . 

7) you can file application for probate of will
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

from the wording of the will and intention of the testator it appears that he bequeathed his estate in favour of his wife and gave her absolute right to deal with the property the way she wants. However at the time of death of his wife if something is left out of estate of the husband that should pass to daughters.
H. S. Thukral
Advocate, New Delhi
568 Answers
169 Consultations

5.0 on 5.0

May be he thought that after the death of wife it must go to daughter. Any way file a petition to probate it let court decide it
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

yes, u have to knock the doors of court. file petition in district court to get probate of will.
R.K. Nanda
Advocate, New Delhi
457 Answers

4.7 on 5.0

Hi, as per will you have only life interest and after your demise you your daughter will become absolute owner of the property so you can't sold the property as per will.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

As per the  language of Will reflects  that the intention of your husband  is to bequeathed his property  in your  favour  and  thus he gave you   the absolute rights . After your death the property your daughter will be absolute owner. We suggest you to file a probate petition in district court.
Sudershani Ray
Advocate, New Delhi
192 Answers
42 Consultations

4.6 on 5.0

It is poorly drafted Will and hence creating confusion of real intention of testator.File probate case .
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

1. Did your husband self draft his will? At least from the language employed in the will (if you have replicated it in exact terms) it it does not seem to be a will drafted by a lawyer. It should have been got drafted from a lawyer. If it has been drafted by a lawyer then it leaves a lot to be desired for.

2. The problem with your will is that it has been drafted very clumsily. Your will requires a threadbare perusal in order to form a legal opinion on the validity of the reasoning assigned by the estate officer and the further legal remedy that can be pursued to purge the legal embargo that has been placed on your right to sell the property in consequence of the order of estate officer. Unless and until you are recognized to be the absolute owner of the property you cannot sell the property. 

3. Contact a lawyer personally and show him the will to chart out your further legal recourse.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. Your husband's will has been very badly drafted to create the said confusion,

2. In case of life time interest, the same is clearly mentioned in the Will which has not been mentioned in your case,

3. May be your husband did not think about your selling the said property for which he has mentioned that after your death the said property will go to his daughters,

4. You can file a Writ Petition against the mutating authority before the High Court for not mutating your name as the title holder,

5. Contact Mr. Asish Davesar, Advocate of Chandigarh, who is also an expert of this forum, to deal with your matter.
Krishna Kishore Ganguly
Advocate, Kolkata
18430 Answers
447 Consultations

5.0 on 5.0

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