Legal Question in Wills and Trusts in India

Question; one person who didnot have any guardian in very bad financial condition approached to "a" to give him a shelter and support."A" accepted them as his brother and taking care of him .then that fellow lived with "a" and he also help to complete the working task of "a'.after a long time that fellow prepared a WILL to appoint "a" as a guardian of him as well as he declared that "a" aill be successor of all movable & immovable property/benefits of that fellow after him.after preparation of WILL after 2 years that fellow suddenly passed away in a train accident being the passenger of that train.after some time "a" balanced himself due to affection of 12 years had broken.then "a" approached to rail authority to get the claim amount .railway asked the succession certificate from the court JMFC CLASS-1."

"a" again now approached to court to get succession cer .court issued notice to railway which had delivered thrice to railway & also published in news paper for all janta.then after some hearings the case had decided in favourof "a" as X partycase.

"a" send that succession certificate to railway they had taken 9 months to take action during this time railway had passes time limit of appeal also .

when after 10 months "a" continiously get suffered by railway to call for different different paper .now railway approach to ADJ court for appeal with delay condone. please help me by your valuable opinions.

Asked on 7/12/13, 10:51 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

I presume A has produced the Will in the Court JMFC Class-1 and got the Succession Certificate to be entitled to get the compensation amount from the Railways. You should file your petition before the ADJ Court claiming the announced compensation amount plus interest @ 15% per annum from the date of death till date.


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Answered on 7/13/13, 7:01 am

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