Validity of Will

Querist : Anonymous (Querist) 10 February 2011 This query is : Resolved
Dear friend Rajoo,

thax for reply, I am personally a CA and i routinely use caclubindia.com. i have used 1st time this site for discussion my personal case.

Please suggest me in a very explanatory way. i tell you the whole story.

My grandfather die in 2007 after making a will in the name of their sons. In the will they have given us some land. Now in 2011 my fathers sister has filed a suit against them for her share in land.

Our well deed is a registered deed.

Tell me whether we need to worry?

Also tell me what is probate and by what process we can get it.

is there any limited time period for mutation of same in revenue records.

must reply friend.

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Parveen Kr. Aggarwal (Expert) 10 February 2011
You need not worry. What you have to do is to prove the will in the court by examining at least one attesting witness.

Probate is granted with regard to will under the provisions of the Indian Succession Act, 1925.

There is no limitation period prescribed for sanction of mutation in revenue records.

Basavaraj (Expert) 10 February 2011
yes right answer

NOTTAM VENKATASAMY (Expert) 11 February 2011
CERTAINLY IT IS CORRECT,AND ALSO ONE SUGGESTION FOR OUR CA FRIEND, YOU DID NOT TELL THAT PROPERTY IS ANCESTRAL OR THE SELFACQUORED OF YOUR GRANDFATHER, INCASE IT IS SELFACQUIRED YOU DONT WORRY ABOUT THAT WILL, BUT THE SAID PROPERTIES ARE ANCESTRAL THAT LADY ALSO CAN CLAIM, THAT TIME THAT WILL ALSO CHALLENGE.

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