Legal Question in Wills and Trusts in India

All persons are Indian Christians.
A & B make a mutual will on 10/12/1979 whereby they state that either survivor of A or B shall enjoy full possession of title of certain immovable property. They also state that on the death of both A & B, they bequeath the title of immovable property to D provided that D pays certain sums of money to C, E, F & G.
A & B name D as the executor of the mutual will dated 10/12/1979
A dies on 13/12/1979. B creates a codicil on 17/12/1979 stating that she is now in sole possession of the said immovable property. B also alters amounts from the mutual will into percentages.
Unbeknown to C, E, F & G, on 05/01/1984, B transfers the title of the immovable property to D during her lifetime and in the deed of transfer states that she cancels the codicil in favour of D.
B dies in 1989. D probates the Joint and Mutual Will and the Codicil in 1990. No proof is available that D has made payments to C, E, F & G.
D dies on 08/12/1993 without a will and title transfers to D's spouse, son and daughter jointly.
C dies in 1996
E is not aware of the transfer of title per 05/01/1984 and seeks documents from court and has been given a copy of the Probated Mutual Will and Codicil in March 2017
E files a case in court against D's spouse and son, with summons on 07/28/2017 stating that D failed to perform his functions as executor and is seeking 1/5 claim to property given that C, D, E, F & G are all off spring of A & B.
I am D's son. Does E have a valid claim?

Asked on 7/08/17, 4:49 pm

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E has only claim for payment from D.

Answered on 7/09/17, 11:16 pm

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