Bhaktavatsala S (Professional) 08 August 2009
R.R. KRISHNAA (Legal Manager) 08 August 2009
A will (after the death of the testator) if not probated is invalid and acts or transactions done in furtherance to which are all invalid. First let us know whether you have probated the will.
krishna
Bhaktavatsala S (Professional) 08 August 2009
Testator has REGISTERED THE WILL at local Sub Registrar's Office.
R.R. KRISHNAA (Legal Manager) 08 August 2009
Any will (registered or unregistered) will take effect only after the order granted by the court that the will is genuine and valid. This order of the court is called probate. In my opinion city properties covered by will has to necessarily pass through the test of probate. Without a order of probate the will is ineffective. I hope you understand better.
Jithendra.H.J (Lawyer) 08 August 2009
Bhaktavatsala S (Professional) 10 August 2009
Thanks for clarification, I will try to get it probated.My father passed away 10 years back leaving the Registered Will, can I initiate probate now?,
Bhaktavatsala S (Professional) 10 August 2009
Sir, Sorry if I my earlier explanation is wrong. Let me put it clearly for Q1). In the REGISTERED WILL"It is mentioned that NONE OF THE IMMOVABLE PROPERTIES SHALL BE TRANSFERRED TO THE NAMES OF THE BENEFICIAIRES UNTIL THE LIFE OF MY MOTHER". So, that's the reason I have not applied for change in Khatha for scheduled 'B' property. Presently I am stayng in this property and paying yearly taxes regularly (the property still in my fathers name).Q4) Schedule 'B' property is self acquired property by my father and he has bequeathed the property to me. Can my sisters claim share in this property? Thanks for your kind reply and help.
Anil Agrawal (Retired) 30 August 2009
After the death of the testator, for how long can the will remain unprobated?
adv. rajeev ( rajoo ) (practicing advocate) 22 September 2009
Yes on the basis of the will u can file a suit for declaration against ur brother. u can also file an interrium application u/s 151 of cpc to deposit the amount whatever he has earned from schedule properties and amount withdrawn by the bank.
any immopvable properties worth more than Rs.100/- cannot be transferred to any body without the regd., doucment. Whatever ur brother has done i.e., on the basis of the affidavit propety cannot be transferred, it amounts to stray entry which has no legal force.
Mere appearing the name in the khata does not create the tittle over the property.
So go for declaration suit.
prabhakar shetty (Advocate-9448840083) 03 October 2009
The last will of the testator is the will that holds, whether it is registered or not. How you proove it is another matter.
R.Ranganathan (Advocate) 10 September 2010
To probate the Will, first you have to explain the delay. Within 3 years from the date of death of the deceased will has to be probated. Further you have to explain whether you had acted upon the will all these years. Keeping in mind all these, approach an advocate and get the will probated and ask for the recovery of the amounts utilised by your younger brother and also cancellation of the Khata.