About will
Siva
(Querist) 16 March 2014
This query is : Resolved
Kindly clarify the issue
Two sons are from one family.One of son settle his father asset to his son with unregisterd will without NOC from his brother and mother at register office.
Is it possible to settle the asset with unregistered will without NOC of other family members.The will was deceased one.
V R SHROFF
(Expert) 16 March 2014
query from
Academic Querist.
Advocate M.Bhadra
(Expert) 16 March 2014
Sec2(H) of Indian Succession Act, 1925 provides that WILL means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. -is an untitled document which state after the death of a person making the deposition.It can be revoked , modify or substituted by the person executing the Will at any point of time during his/her life time. -for executing the Will the person must be fully competent, as per Section 59 of the Indian Succession Act. -has to be signed by the executor of the Will and has to be attested by at least two witnesses. -Will under law is not required to be compulsory registered.
On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate. A probate is a copy of a Will, certified by the court. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted. It is only after this that the Will comes into effect.
Guest
(Expert) 16 March 2014
Qury is quite unclear. Also state, how you are related with the case.
Kuummaar AS
(Expert) 16 March 2014
Your query is not fully understood.
Devajyoti Barman
(Expert) 16 March 2014
Will is valid but only in respect of his share only.
He can not bequeath other's share through Will.
T. Kalaiselvan, Advocate
(Expert) 18 March 2014
Agree with experts that he can bequeath only his share of property in favor of his son and not entire property, if he has gone beyond it, the same is illegal and not binding on other sharers. They may initiate appropriate legal action against the erring son.
R.V.RAO
(Expert) 19 March 2014
A person settling his father's asset to his son without NOC from his brother and mother at register office, is illegal.
it can be contested by filing a suit to set aside any such settlement of property if taken place already.
only his share of asset can be settled by a father to his son, but not others shares.
it is immaterial whether the will is regd/unregd.
(Expert) 16 March 2014
