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robby (service)     02 March 2011

can i probate a will in myname

My grandfather as made a will ( unregistered?) in  my favour and my brother , leaving all movable and immovable assests in our name  here I want to know that

 

1)  can my aunt ask for  share in property even when we have a will and can i probate the will and use in our favour  also

2) we have a paghdi system room in chawl , which is vacant and in our possession  , so can will be used to negotiate with the builder.

 

Thanks

 robby



Learning

 3 Replies

rahul shukla (lawyer)     04 March 2011

For any "Will" you need to file a petition for grant of probate in a competent court. evidence of attesting witnesses are necessary to prove the authenticity of teh Will.

So far as question of paghdi system room in chawl  is concerned, if it is in your name and you are the owner of the same, you can always negotiate it with builder. If the same is still in the name of your grandfather, you need to get it transfered in your name first.

regards

rahul shukla (lawyer)     04 March 2011

chances are there that your aunt will set up a case that Will is a forged document and ask for partition of the property.

P.K.Haridasan (Advocate)     06 March 2011

Meaning of the probate of the will is proving the will 


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