Regarding property right based on a will
Sanjit
(Querist) 06 April 2014
This query is : Resolved
Respected Sir
This is Sanjit Sarkar, resident of West Bengal. I want to put a quarry on this forum regarding the importance and probate of a will. We have a property in the name of my grandmother who died 2 years ago. She made a will on registered stamp paper before her dead where she mentioned my father as executor or beneficiary of that property. Here I want to inform you that my father has one brother and two sister and they all are married.
Now I want know, is that will valid? Whether my father will be able to claim for that piece of land based on that will? Is the probate necessary? How to do probate of that will? On which ground my uncle can challenge against my father’s claim for that will.
Dr J C Vashista
(Expert) 06 April 2014
Yes, it is valid and the beneficiary, i.e., your father will have to file a petition before District Judge to probate the will.
Your uncle and their sister shall raise objection regarding the mode of execution of will, helath condition of the testator,general objection as to the threat or coercien/allurment or any other reason may be submitted.
Engae a local lawyer.
R.V.RAO
(Expert) 06 April 2014
yes. a registered/unregd. will is valid, if executed by testator(he/she, being in sound mental condition and not under force or coercion and should not have revoked or made a revised will during their life time ) and witnessed by two witnesses. your father is the declared beneficiary. perfectly valid.
It needs to be probated before the dt.judge./ competent court having jurisdiction.
your uncle may challenge the the said will on the grounds stated in para 1 above of my reply.
ajay sethi
(Expert) 06 April 2014
you have not mentioned whether will was attested by 2 witnesses? your grand mother should have signed will in presence of attesting witness
Thyagarajan
(Expert) 06 April 2014
I agree with Expert Mr. Ajay Sethi. First make sure the will had been executed properly by showing all papers to a local lawyer. Your worry is based on possible challenge by our uncle. If you are in talking terms with your uncle get to know whether he is in any way planning for any contest
Sanjit
(Querist) 06 April 2014
Thank you dear experts. yes, will was attested by two witnesses but one of them is died few years ago. And other one is also a aged person of 95 years of old. He may not reach to the court bcz his health reason.
Sanjit
(Querist) 06 April 2014
Thank you dear experts. yes, will was attested by two witnesses but one of them is died few years ago. And other one is also a aged person of 95 years of old. He may not reach to the court bcz his health reason.
T. Kalaiselvan, Advocate
(Expert) 06 April 2014
If the Will was properly executed and attested by witnesses, it is valid. The Will has to be probated through District court. If the surviving Witness cannot appear before the court due to his old age ailment etc., on an application by the petitioner under Order 26 Rule 1 CPC, he may petition the court to appoint an advocate/commissioner to examine and record the evidence of the surviving witness at his residence and submit the report to the court for further proceedings, in order to establish the authenticity of the Will. The title of the property to the beneficiary will vest only after the grant of probate of the Will.
Sanjit
(Querist) 06 April 2014
Thank u very much sir for the valuable information
