Will and Family Settlement
Rajesh Jain
(Querist) 06 October 2009
This query is : Resolved
Dear Legal Expert,
My father left a will dated Feb 2005. He expired in Sep 2005. The will was duly witnessed by 2 witnesses (My father's friend and his son) but was not registered. The Will was disclosed to us by our mother and my Father's witness friend in July/August 2009 in the presence of all beneficiaries. The Will has not been probated so far. As per the Will, all movable Cash / Bank Balances and immovable property has been clearly divided amongst Sons. Daughter gets a share of movable property. However, during the lifetime of my mother, everything belongs to my mother and the legal heirs get to exercise their rights only after the death of my mother. My mother expired in Sep 2009. Now the questions are:
1. What are the steps to effect execution of Will in case of:
a. Will agreed by all legal heirs
b. Not agreed by some legal heirs
2. Is Probate compulsory, even if all legal heirs agree to the Will. What are the steps and costs involved
3. Should we execute a Family Settlement Deed or any other document to ensure written confirmation of all family members
4. How do we get the share of residential property registered in our respective names and what are the steps and costs involved
5. Should we distribute movable Cash/Bank balance etc immediately without waiting for any probate etc or we need to wait for the same
I look forward to hearing from you.
Regards
Rajesh
niranjan
(Expert) 06 October 2009
If will is not donw in metropolitian city, probate is not necessary. If all members agree to will, in that case a deed oif family settlement can be made, registered and shares can be effected.If some members do not agree to will, you may apply to the SD court for obtaining probate.If you can have the cash,moveables on hand, all members can sit togather and share and reduce them in writing and ger that document registered.If residential premise is in joint possession, you can decide the shares and can get seperate share, but if there is any conflict you have to file suit for partition.Niranjan.
Sachin Bhatia
(Expert) 06 October 2009
1) If all members agree to will, in that case a deed of family settlement can be made. If some members do not agree to will then apply to the court for probate.
2) It may be varies from state to state.
3) If all members agree that case a deed of family settlement can be made.
4) Contact to local registrar office for this.
5)If all members agree to will then you can distribute.
Raj Kumar Makkad
(Expert) 06 October 2009
In ur case, if all beneficiaries agree then there is no problem and they can divide the properties either as per will or can draft fresh deed of settlement but problem perhaps is that some of them are not agree to their share so better in such circumstances to get probate of will.
