Right to movable / immovable assets
Nirmalya Datta
(Querist) 16 June 2015
This query is : Resolved
My father expired on 26.5.2015 and he has left an unregistered WILL which is attached herewith.
Kindly advise my rights to the property, both movable and immovable, as per the WILL.
What are the steps to be taken now?
Devajyoti Barman
(Expert) 16 June 2015
If you are from Kolkata/ WB then a Will has no for until and unless probate is obtained for it.
While applying for Probate you need NOC of other legal heir who instead can challenge the Will.
I may inform that unregistered Will is very much valid.
So meet a lawyer and file for the same.
Devajyoti Barman
(Expert) 16 June 2015
If you are from Kolkata/ WB then a Will has no for until and unless probate is obtained for it.
While applying for Probate you need NOC of other legal heir who instead can challenge the Will.
I may inform that unregistered Will is very much valid.
So meet a lawyer and file for the same.
Rajendra K Goyal
(Expert) 16 June 2015
There is no provision of attachment in this section.
Nirmalya Datta
(Querist) 22 June 2015
me, my mother and my sister consulted the advocate, who is also one of the witnesses of the WILL. He advised us the following -
1. The will need not be probated. By act we 3 are legal heirs of the house and same an be mutated in local municpality in all of our names.
2. Regarding, bank deposits he suggested that as they were mentioned as " E or S" by my father, hence the amount goes to the survivor's account. Now, my query is that out of 11 lakhs bank deposits 9.5 lakhs is in my sister's name and 1.5 lakhs in my name. Can I claim this amount o be equally distributed?
3. My sister had alraedy withdrawn / transferred the amounts in her name.
I am attaching the will for your reference.
