Registered will and its implicaitons
Rajesh Chaudhari
(Querist) 25 February 2013
This query is : Resolved
Dear Sir,
My father expired in 1966. He was having 1 sons and 2 daughters.
During his life time he has earned money and out of which he has purchased land.
He has taken good care of us and got us married in good family(daughters).
However before he died he has made a will for the wealth and assets he has earned during his life time. He has even registered the will in Mumbai
In the will he had mention that after his death all the property will be transferred to his sons and grand sons and the daughters were excluded from his property.
Now the son is also dead who is having 2 sons
I want to know can I get the share in the property of my father ???
The 2 grand sons are refusing to give us our share and are giving the reference of will.
After the death of my father. we have included our name on the property card.
Now the situation is such that both the sons have applied for probet and we have raised objection for the same
I wanted to know , whether we can stop the high court from granding probet to our brother sons ???
Whether can we get the share in my father property ???
Anirudh
(Expert) 01 March 2013
Having filed the objection in the Probate Application, you have to press the objection on merits. There is no other way in which you would be able to stop the high court from considering the Probate Application.
Your father died in the year 1966.
You seem to be aware that your father had left a will giving the property to the son and son's son(s), AND NOT TO HIS DAUGHTERS.
You don't seem to have objected/challenged the will for all these years.
In the objection filed by you, the Court will ask you the reasons for your silence. You have to successfully explain your position.
P. Venu
(Expert) 01 March 2013
The issue i whether the will is valid or otherwise. It is not necessary that a will be registered.
prabhakar singh
(Expert) 01 March 2013
Your very way of narration of query suggests the truth that your father has written the WILL which is true.It was from his own income.So he had the capacity to testate.You have also disclosed he married his daughters
in good family as reason of discord in the will.
Now greed has prevailed in you.
It is not wise to dishonor father's last wish just for property greed.
