Meaning of legal heirs in year 1890.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 December 2014
My forefather made a will in year 1890, that his legal heirs shall become trustee of his estate.Now one of my married sister wants to be trustee. I have refused her on the ground that in 1890 when the will was made female was not treated as legal heirs at that time.
It was only year 1956,from when females were given some right.

AM I RIGHT ?

gbalakrishnan

gbalakrishnan (Expert)
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14 December 2014 fact is the time when the will get probated that will the yearapplicable. so your presumption i s not correct sir!

gbalakrishnan

gbalakrishnan (Expert)
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14 December 2014 if at the time will was done, may be your proposition is right probably, as all laws become mostly active prospectively unless the very Act intended per legislature was retrospective.

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Querist : Anonymous

Querist : Anonymous (Querist)

14 December 2014 Sir,

The Will was made in January 1890 and the maker of Will died in July 1890, and the same Will Was probated by High Court of Fort William Judicature ( Now Known As Calcutta High Court ).

Sir, Kindly let me have your opinion.