is medical certificate is required for WILL
Querist :
Anonymous
(Querist) 30 April 2011
This query is : Resolved
is medical certificate is required for WILL
and who is authorized for making medical certificate (govt. hospital/ Private hospital)
and who is authorized person (Designation of authorized person)
my grandmother is near about 85 year old, some of property allotted to my grandfather at the time of partition of india & pak.
my grandfather & grandmother adopted my mother. my grandfather can not make any WILL before death, one of home of my grandfather gifted by my grandmother to my mother in 1985, my grandmother lives with us at another house in punjab since 1990, can my mother claims other property with out any WILL or any other legal documents as she is adopted by my grandfather & grandmother
can my grandfather's brothers (cousins), or my grandmother's brothers (cousins) claim property with out any WILL or any other legal documents
R.Ramachandran
(Expert) 30 April 2011
IF your mother is the only adopted daughter of your grand parents (hope there are records to prove that she is the adopted daughter of your grand parents), and there are no other brother(s) or sister(s), then she will be the legal heir and even without any WILL by your grand mother, she will be inheriting the properties left behind by your grand mother.
But there are other items which needs clarification. Since you say that your mother was adopted by your grandfather and grandmother, then upon the death of your grand father, the properties in the name of your grand father would have been shared between your mother and your grand mother. But you say that the properties were in the name of your grand mother. It is not clear whether your mother gave any Registered Relinquishment Deed in favour of your grand mother so that the entire property that was in the name of your grand father, went to the name of your grand mother. These aspects have to be got cleared by you by showing the documents to a lawyer and by discussing the issues.
Naturally when you visit a lawyer, there will be minimum consultancy fees, for him to read your documents and to give his views.
