I am planning to purchase a property whose present owner had inherited it under his father’s will. Under this will, the owner was named as both the executor of the will as well as the sole beneficiary of this property. Should I be worried?
—Saurabh Sagar Under a will, the testator may validly name the same individual as both the executor as well as a beneficiary. From the facts provided, it is not clear whether this will has been contested by any other legal heirs. If any terms of this will have indeed been contested, then you may check whether a probate has been obtained for this will.
Over six months ago, I had taken up a property on lease for a term of five years. However, due to certain unavoidable contingencies, the lessor and I were unable to get the lease deed registered. Is it too late?
—Prakash Mehta You may execute a fresh lease deed for the remaining duration of the term (ie 4.5 years), and get the same duly stamped and registered.
My deceased grandfather had executed a will dated July 2010 under which he has described the inheritance of all his properties. Under this will, he named me and my brother as joint beneficiaries of a particular plot. However, he also executed a document dated January 2012 where he has named our married sister as joint beneficiary of this plot. This document is not as comprehensive as the earlier will as it only deals with inheritance of this particular plot. Which document shall prevail?
—Abhijit Bose It seems that the document dated January 2012 is only a codicil to the will dated July 2010. A codicil does not replace or revoke a previously executed will in its entirety – rather, it only amends/modifies certain specific terms of the previous will. Hence, the intention of your deceased grandfather is to be ascertained by reading both instruments together.
Assuming that the codicil has been validly executed (that is, in the same manner as a will), the terms of inheritance of the plot previously under the will would stand modified by the codicil. That is, all three siblings would be considered as joint beneficiaries of the plot.
However, inheritance of all other properties described in the previous Will shall continue to be as per the terms of the will.