Grandfathers will unprobated
Sanjay
(Querist) 26 June 2017
This query is : Resolved
My Grandfather had made a Will. He has three sons and one daughter. He mentioned in his will a specific amount to be given to her daughter form his bank balance and the flat to be transferred in his three sons name, He also mentioned that the flat is wished to be soled would have specific ratios in which it should be divided among the three sons only.
The daughter of grandfather now is claiming a share in this property and has sent a letter to the society informing them not to transfer the flat in the three sons name. She is claiming that this will is fraud and hence society should not transfer.
We want to know our options.
Ps in the letter to the society the daughter has mentioned that she has objection in this transfer and will raise her objection when the will is sent for probation
Regards
Dr J C Vashista
(Expert) 26 June 2017
Where is the flat located (city/State) to find out whether probation is mandatory/compulsory or optional?
Whether the will is registered/notarised or attested?
Whether the deceased (grandfather of author) has made/registered his nominee in the records of Society?
When did your grandfather die?
Whether the flat was self-acquired property of your grandfather?
Whether your grandmother is alive or no more and whether there is any other (other than his 3 sons and a daughter) legal representative of your grandfather?
The daughter of deceased is stated to be claiming her share in the flat as well as written to the Society to transfer the flat in the name of nominee/her brother(s)/claimants wherein she has made a rider on her statement to challenge the transfer in probating the will?? Confusing statement has been made by author qua contradictory statement/claim made by his aunt (Bua) with respect to share in flat vis-a-vis transfer of balance amount in bank account of her father in terms of covenants made in the subject will stated to have been executed by deceased grandfather of author.
The query is lacking relevant information hence no opinion can be formed to advise the author.
Show the documents to a local prudent lawyer for proper analyses of the facts, guide and proceed.
Sanjay
(Querist) 26 June 2017
1 The Flat is located in Khar / Mumbai City
2. The will is Notarized and signed by 2 witness
3. yes one of the son is made as nominee in the society
4. Grandfather died 2 years back in 2015
5. Yes the property was self acquired by my Grandfather
6. No my grandmother died before my grandfather itself. No more siblings in the family except three brothers and a daughter
7. Daughter of my grandfather i.e my Bua has sent a letter to society askignt hem not to transfer the flat in three sons name as she feels this will is fraud . She has mentioned that the will is not probated and once filed for probation she will raise her objection.
Regards
Kumar Doab
(Expert) 26 June 2017
The owner can dispose self acquired property in his/her life time by a valid WILL.
The WILL seems to be valid but is contested by a legal heir.
It lands up in probate court.
It is mandatory to probate the WILL in presidential town;Mumbai.
Kumar Doab
(Expert) 26 June 2017
Discuss n person with a local senior very able counsel of unshakable repute and integrity specializing in such/succession/civil matters.
Your able counsel may opine to Either probate the WILL or settle the matter amicably.
If the intent is to settle prefer registered family agreement.
P. Venu
(Expert) 26 June 2017
The sons may take steps to have the WILL probated. The proceedings will take care of all the aspects.
Sankaranarayanan
(Expert) 26 June 2017
Nothing more need to be added, i do stand with experts suggestion
Sanjay
(Querist) 26 June 2017
Thanks for all the expert view - I was confident that this a in purpose action to get some money out.. We will initate probate of will.. Can anyone of you tell me how much time and approx money it will cost also till this is settled can we rent out the flat
Anand Bali Adv.
(Expert) 26 June 2017
I go with the well crafted advice of Mr Kumar Doab.
Kumar Doab
(Expert) 26 June 2017
Thanks for agreeing Mr. Anand Bali.
Kumar Doab
(Expert) 26 June 2017
The expenses are involved in Probate and fee of counsel is also to be paid.
The time and expenses involved in Probate can be checked locally with local counsel.
You may also check at HC website.
Sanjay
(Querist) 26 June 2017
Thanks again Mr Kumar you seem to be knowledgeable and helpful too just like other here.. So nice to have helpful people in this world where money takes its own toll... One question the time during which probate is on.. Can we rent out the place
Dr J C Vashista
(Expert) 27 June 2017
There is no illegality or infirmity in renting out the property during pendency of probate case i.e., it can be rented out by the registered nominee.
Sanjay
(Querist) 27 June 2017
Thanks Sir - Appreciate the help
Rajendra K Goyal
(Expert) 27 June 2017
Well guided, agree with the expert Dr. J.C. Vashishta ji.
Kumar Doab
(Expert) 27 June 2017
The nominee if it is not a legal heir may take any step with consent of legal heirs.
The WILL has already surfaced.
The beneficiary (ies) and Legal heirs appear to be same.
They may keep full account of earnings.
Kumar Doab
(Expert) 27 June 2017
You are welcome......
Kumar Doab
(Expert) 27 June 2017
LCI experts Mr. Hemant Agarwal, Mr.Kishore Mehta, Mr. Madhu,Mr. M V Gupta are from Mumbai/Maharashtra and have been posting on such matters with their knowledge of local rules/laws/precedence.................
If you wish you can benefit from their counsel.
Kumar Doab
(Expert) 27 June 2017
The post at:
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
can be of use and interest to you.
