Property
Sravs
(Querist) 05 June 2018
This query is : Resolved
The will deed was not in favor with us can we do anything against the will.
Guest
(Expert) 05 June 2018
You could try your luck by filing an objection if it comes for Probating in Court.
Guest
(Expert) 05 June 2018
If Probating the Will is not mandatory in your State you could serve a legal notice and contest the will in the Court.
Guest
(Expert) 05 June 2018
But there would be no assurance or guarantee in the results of Court and no doubt it would be an expensive affair including the Advocate and Court Fee.
Guest
(Expert) 05 June 2018
Discuss with local Advocate.
Guest
(Expert) 05 June 2018
If the above expert has advised you to discuss with local advocate, by that he wants to convey that he is unfit to solve your problem.
Kumar Doab
(Expert) 05 June 2018
IT is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras.
It is not mandatory to probate in other areas.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
Check locally and watch compliance of procedure by executor/beneficiary..
You have the chance to contest on valid grounds...
Kumar Doab
(Expert) 05 June 2018
Once contested and WILL lands up in court of law, probate courts shall decide on merits..
IT is endeavor of the courts to execute last will of testator that is supreme....and it is cardinal principle to execute a valid WILL..
Mere grievance that WILL does not favor all legal heirs may not sustain in court.
Approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in testamentary/civil matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before proceeding further and rushing to courts…….
Moxit Shah
(Expert) 05 June 2018
Mr. N.J.S. Rajkumar and Mr. Kumar Doab have properly advised.. I agree with them
Guest
(Expert) 05 June 2018
Same advice in the case of validation of will proposal to challenge the will. The fake expert, kumar doab, could not distinguish between the query, "Will that be an issue for the validation of will?" and "can we do anything against the will."
Exactly the same advice copy pasted for several different queries for different purposes at different occasions. For example:
Q.1) Will is typed and signed but no date (7 days ago) at the following thread:
http://www.lawyersclubindia.com/forum/Will-is-typed-and-signed-but-no-date-180959.asp
Q.2) Will prepared but not registered (14 days ago) at the following thread
http://www.lawyersclubindia.com/forum/Will-prepared-but-not-registered-179893.asp
Q.3) Clarification need on property transfer (one month ago) at the following thread:
http://www.lawyersclubindia.com/forum/Clarification-need-on-property-transfer-176647.asp
Q.4) Will of ancestors property (3 months ago) as at the following thread:
http://www.lawyersclubindia.com/forum/Will-of-ancestors-property-160741.asp
Q.5) Execution of Will (15 days ago), as at the following thread:
http://www.lawyersclubindia.com/experts/Execution-of-will-681671.asp
SO WHAT A GREAT INVENTION OF THE FAKE EXPERT, Mr. kUMAR DOAB, ON A SINGLE MEDICINE FOR ALL THE ILLS ABOUT WILL!
CONTRARILY, HE HAS NOT PROVIDED EVEN THE SLIGHTEST OF A HINT ON THE PRESENT QUERY, WHAT TO DO WHEN THE WILL IS NOT IN FAVOUR OF THE AUTHOR OF THE QUERY.
Ms.Usha Kapoor
(Expert) 06 June 2018
Courts also will conduct probate proceedings. Though it is not mandatory to get probate in your area or town you get it probated in court and establish validity or genuineness. You can challenge the will in this way. Discuss with a good civil lawyer in your place.
Hemant Agarwal
(Expert) 06 June 2018
1. IF the Will is NOT in your favor and IF your rights are irrefutably genuine, THEN try to declare the Will-Maker as mentally unfit /lunatic /unsound mind /whatever, by supporting Medical documents and other relative witnesses.
2. The above is usually the strategy that is adopted in most property claim cases which cannot be settled amicably due to unilateral wills or whimsical sadistic will-makers who deprive other family members from their wills.
3. OFF the Course, there are other alternatives, which you may prefer to discuss one-to-one with your local Lawyer.
Keep Smiling .... Hemant Agarwal
Guest
(Expert) 06 June 2018
Taste of pudding lies in eating. You may try your luck, but only if you have any solid point to prove the will as void or illegal. You can file a case, the decision rests with the court on merits, not on flimsy grounds.
P. Venu
(Expert) 06 June 2018
You have not posted the relevant facts. Please post them.
