Probate of a hindu spinster
AJIT KAWATKAR
(Querist) 29 April 2015
This query is : Resolved
a hindu spinster aged 89 died recently[2014] in Mumbai.On search we found a WILL written in yr 2003.it seems to be in order.
Nephews[2] as executors & only one beneficiary[youngest brother] has been mentioned in the will also,
the Immovable ppty has been classified as 1] fully owned [residential flat in Aurangabad]
2] jointly held [commercial] with ppty card entry 50-50 % in Aurangabad
3] common family [brothers & sisters] flat in Mumbai -share certificate in Brother's name [since died] -No documentary proof to prove her share/contribution in the ppty.
The FAMILY TREE is as follows :-
* [6] brothers [3 died prior to her] 3 heirs ** [5]sisters including she -[3 died prior to her]-8 heirs
Q 1]taking into a/c classification of ppty where to apply for probate Mumbai or Aurangabad ? Q2] who all are her HEirs to whom notices to b served mandatorily ? Q 3] if the notices r to b served whether PUBLIC NOTICE could b a option legally? Q4]whether court issues the notices[since fees r paid] or appointed lawyer ?
P. Venu
(Expert) 30 April 2015
File an application for probate in Mumbai through a lawyer. He will take care of other aspects.
Rajendra K Goyal
(Expert) 30 April 2015
Move to get the will probated and discuss full aspects with local lawyer.
Dr J C Vashista
(Expert) 01 May 2015
Contact and engage a local lawyer for initiation of probate proceeding.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
Apply for grant of probate in the court which will provide answers to the problems.
