milind phope
25 November 2012 at 16:12
I have been adviced many times from your goodselves.It was my honour.
I am a disable person by both the knees and can walks hardly 6/7 steps with walker.Without walker I can't even hold my balance.I am also suffering by diabatis and can't hold my toilet urge for more than two hours.
To grab our property my sister and remove me from our family house,has filed a suit of domestic violance against me.Actuall My sister is married and stays in Mumbai in her own house.I was staying with my father,Mother and my wife in Pune in our family house.
After demise of our mother and father ,my sister has produced my father's WILL saying that our entire property is given to her.I have taken objection,so the the matter has gone in Probate Court.
Every now and then she comes to Pune with her in-laws and harras and thretten me and my wife to vacate the house.I said,let the court decide it.She continue her acts even then..Last week she has faulsely filed a Domestic violance suit against me... It is highly impossible for me to appear in the court because of my disability.
Can I give my Power of Attorney to my Wife to appear in the court ????..I am certainly hiring a lawyer but before that I want to be sure ?????
milind phope
24 October 2012 at 17:53
It is said that the probate on WILL is must in only the cities of Mumbai,Calcutta and Madras.
But if the WILL is made in Pune city on Property in Pune city and is benificial for only to one legal heir,out of Two,and 2nd legal heir has objection on the said will then,
1) how the implementation of WILL or Objection on the WILL will take place?
Beneficiary is holding the original WILL and doesn't want to go for Probate and insisting the authorities for implementation.
Non beneficiary has the documents which can prove,that the WILL was made under,undue influance,then
2) How the Non-beneficiary should proceed.???
I am the 2nd legal heir in above case so please guide me sir.
milind phope
13 October 2012 at 07:28
My dad had given his WILL to my sister in 2009.Dad expired in 2011.WILL says she is the only benificiary of our whole property.Property title says dad was owner of the half of our property and not the whole property.
Sister says in petition in Probate Court that,dad has not named her the executor but just given the WILL to her and instructed her verbally that she should implement the WILL after his demise.
Now is she treated as a Executor or a custodian ?
Would she get the whole property just because Dads WILL says so ?
milind phope
11 September 2012 at 06:53
It is said that the Probate Court doesn't confer about the title of the property mentined in the WILL submmitted for Probate.Is it true ? and if yes then...
What happens if executor of the WILL seeking probate,files an affidavit in the Probate Court,which contains false information about the present status of the property mentioned in the said WILL ?
milind phope
27 August 2012 at 08:00
I have taken a residential NA bunglow-Plot for our house,on lease from a registerd Bunglow Society for 999 years.Society is consisting of 200 plots,for which the Govt.town-planning authority has given approval for its layout-plan.Society is absolute owner of the entire land and we plot-holders are lessee members,paying yearly lease-rent to the society,as agreed in our registerd Lease-Deed.
Now I want to make my WILL for my leased plot,but Society says that,since the society being,the absolute Owner of said plot,my WILL is not applicable on my plot.I am suppose to be the lessee of the plot and not the OWNER.
Our 7/12 extract also bares Society's name on top and our names comes after Society's name with a seperate mutation number.
I have attached the copy of my latest 7/12 extract.Kindly advice what should be done to implement my WILL on my leased plot.
milind phope
12 August 2012 at 07:04
Testetor has given his WILL in sealed envelop to his executor before death.Is it essential that the executor of the WILL knew or should know the containts of the WILL ?
milind phope
26 July 2012 at 06:42
We were family of 4.Father,Mother,myself and my wife staying togather in our family house in Pune for last 12 years.We have our ration card with all our 4 names and Electricity meter on my mother's name...I have a sister married in 1984 and staying in her family house in Mumbai since then..
Mother expired in 2004 and father expired in 2011.Now myself and my wife both are staying in our said family house.
My sister has produced WILLs of my Mother and Father which were tried by the Revenue dept in a seperate hearing alongwith other documents and previous records.As per the judgement of Tahasildar office the property now bears only 2 names that is Myself and my sister. Further-most,our owner society has also asked my sister to obtain "PROBATE" and subsiquently the court order on the said WILLs from Civil court,for the Title of this family house.
Meanwhile my sister without my knowladge,out-and-out, has approched Electricity Dept and given a faulse declearation that,after my parents demise,our family house is in her possession and is locked and unattended.So the Electricity Meter is to be transfered on her name,and all the energy bills to be sent to her address to her in mumbai.
After my patrent"s sad demise I am in possession of the said house with valid documents and everyday activity..Without checking out the actual facts, MSEB also has transfered the meter on her name but the bill kept on coming to us in the said house and we promptly kept-on paying.
Now I want to launch the Criminal complaint against my sister for giving faulse information to GOVT institution to establish her sole title on our property.Sister do have share in our proprty but to aquire the whole property,she has started this malpractice.Kindly advice in this matter and oblige sir.
milind phope
18 July 2012 at 20:18
Both the WILLs of my mom and dad were in possession of my sister in which the whole self earned property is given to my sister.I am the only brother and no other brother or sister.
These WILLs were submmitted by my sister to Talathi ( Mahrashtra).With valid doubts,I submmitted my objection.The hearing was called by MANDAL ADHIKARI IN HIS COURT.
After scrutiny of the statements and documents submmited,three hissas were made and endorsed in judgement given by MANDAL ADHIKARI.2 hissas were given to my sister and one hissa came into my possession.After appeal-term of 60 days,Tahasil office has also endorsed the same.But Our society needs court-order for the judgement or mutual understanding between me and my sister.Sister is not ready for either for these 2 options.
Now I want this seperation to be endorsed by Civil Court, because I want to sell my Hissa and go away.
my query is .Can I alone file a separation suit of this property ? (because my sister is not ready.She want this situation to be stay as it is,so that I can not sell my Hissa.).What should I do ?
milind phope
25 June 2012 at 09:19
My mother made a registerd will in 1995.My dad was the administrator.Witness "A" and "B" had signed this will .My mother expired in 2004.Witness "A" expired in 2005 and "B" also expired in 2006.My dad also exoired in 2011.
Now while taking Probate in 2012 today,,my brother has taken objection on my mother's signature saying that it is not mother's signature.
In this case,what will be fate of an attestation of my mother's signature,in the Probate court.???
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Domestic violance
I have been adviced many times from your goodselves.It was my honour.
I am a disable person by both the knees and can walks hardly 6/7 steps with walker.Without walker I can't even hold my balance.I am also suffering by diabatis and can't hold my toilet urge for more than two hours.
To grab our property my sister forcing me,to remove me from our family house,has faulsed filed a suit of domestic violance against me.Actuall My sister is married and stays in Mumbai in her own house.I was staying with my father,Mother and my wife in Pune in our family house.
After demise of our mother and father ,my sister has produced my father's WILL saying that our entire property is given to her.I have taken objection,so the the matter has gone in Probate Court.Probate Case is on the hearing at present.
Every now and then she comes to Pune with her in-laws and harras and thretten me and my wife to vacate the house.I said,let the court decide it.She continue her acts even then..Last week she has faulsely filed a Domestic violance suit against me... It is highly impossible for me to move from my house.I havee not stepped out of my house for last 5 years,not even in our compound. Now also i am unable appear in the court because of my disability.
I will hire a lawyer to appear in the court but,in my place ,Can I give my power of attorney to my Wife to appear in the court ????..I am certainly hiring a lawyer but before that I want to be sure ?????