WILL of 1994. Enforceability and Title starts from what time
R Maheshwari
(Querist) 27 March 2019
This query is : Resolved
Unregistered Will was made by "A" in Kolkata, in 1994.
Estates including business and assets situated in Assam were bequethed to his brother's family members and later to be transferred through trust collectively to "A"s future grandchildren whenever eldest child reaches majority. Main purpose was to keep estate out of reach of "A"s own son who was not nice person, but in reality after testator's death in 1999, that same son is in possession forcibly and running that business and enjoying.
Now since eldest grandchild is major in 2019, executor and interim beneficiaries have to make sure as per will the grand children get the property in a trust, free from any encumbrance.
Is probate necessary? Where to be applied, Assam or Kolkata? What is cost limit in Kolkata, max limit of court fee or stamp applicable for value of estate over 5 crore? If probate was not taken till now since demise of testator, then the interim beneficiaries (Brother's surviving family) effectively be title holders even though testator's son forcibly used the estate till now?, and from when will their title be effective....... on demise of testator in 1999 or not till probate is got?
Kindly throw light, as is related with future of some children......
Thanks in advance.
R Maheshwari
(Querist) 27 March 2019
Same manner, when do grandchildren get title.... automatically on one reaching majority, or only after probate?
Dr J C Vashista
(Expert) 27 March 2019
It is mandatory to obtain probate in Kolkata which is not the case in Assam where property is located.
Probate must be preferred, in the instant case, even if it is not mandatory/compulsory in Kolkata.
Dr J C Vashista
(Expert) 27 March 2019
Show the document of Will and title of the property to a local prudent lawyer (where property is located) for proper guidance and proceeding as per law.
R Maheshwari
(Querist) 30 March 2019
Dr. Vashista, very kind of you. Thanks. FYI, Original Title Deed of property is lying with "A"s SON but he is not authorised to keep it as he is not title holder as per WILL, and he won't give us. So is as good as lost for us.
try get in touch with someone in Kolkata for Probate. Am just concerned about handing over of property as per WILL to the Grandchildren of testator......
