Registered will challenged
sujoy ghosh
(Querist) 08 March 2017
This query is : Resolved
Dear Sir/Madam,
Hope you are all doing fine. Registered Will of my father is getting probated in the high court of kolkata. However my elder brother is challenging the will. His grounds for challenging with evidence would be he managing the commercial property for the last 12 years of which he was a partner with father in a 50% profit ratio previously a proprietorship firm in the name of my father. Business for the last 12 years has been just rental income. Will such ground stand before the judge to dispose off the registered will. He is also in the view that this suit can be dragged so that the probate can be delayed or disposed off after a minimum period of 10 years. Is that possible kindly suggest. Your expert comments really works.
Warm Regards,
Sujoy Ghosh
Kumar Doab
(Expert) 08 March 2017
The owner can dispose the estate that he owns by WILL.
If brother is owner in 50% profit of firm then he can collect to that extent from firm.
If father owns the building then father can dispose the building by WILL.
Your very able counsel can argue on facts.
Sri Vijayan.A
(Expert) 08 March 2017
Your success depends on the interpretation of wordings in context. Your advocate has to argue.
It may be the fit case for argument.
sujoy ghosh
(Querist) 08 March 2017
The land is in the name of the partnership firm of which my father was previously the proprietor.
sujoy ghosh
(Querist) 08 March 2017
How many years generally it takes for a probate of will to be granted in case of a suit due to contest. Already two years have gone by.
rajeev sharma
(Expert) 09 March 2017
the irony of our civil procedure code is that it does not fix any time limit for disposal of any matter so no one may predict any time under which the dispute will be decided.
you say that the property is in the name of the partner ship firm though it was previously owned by your father. You have not mentioned how it became property of the firm.If it was thrown into joint stock of he firm by your father then it is the property of the firm and your father had no right to execute a will of this property.
The facts reported by you are nor clear and no advice may be rendered on the basis of these facts. Contact a counsel with all the documents
Kumar Doab
(Expert) 09 March 2017
Thanks for agreeing Ms. Usha Kapoor.
Guest
(Expert) 09 March 2017
Mr. Doab,
In view of the supplementary information by the author, ie., "The land is in the name of the partnership firm of which my father was previously the proprietor," HAS NOT YOUR ADVICE BECOME QUITE VAGUE & MISLEADING, AS YOU STATED, “The owner can dispose the estate that he owns by WILL.” … “If brother is owner in 50% profit of firm then he can collect to that extent from firm.” … “If father owns the building then father can dispose the building by WILL.” … “Your very able counsel can argue on facts”?
Kumar Doab
(Expert) 09 March 2017
Nothing has ever been vague or misleading by Shri Kumar Doab.
Kumar Doab
(Expert) 09 March 2017
@PSD,,
Another attack and abusive post in another thread.
Dual ID’s.
Member Since : 18 January 2011
http://www.lawyersclubindia.com/profile.asp?member_id=98620
Member Since : 16 June 2016
http://www.lawyersclubindia.com/profile.asp?member_id=356867
Out of my good nature.
Wishing eternal peace and sleep.
Guest
(Expert) 10 March 2017
Mr. Dooba,
Your wish to pray for my death, as you said, "Wishing eternal peace and sleep," really speaks very loudly about your frustration, as if you are afraid of me. But, be aware, by loud noise of crows no one dies.
Also, your response is aimed at sidetracking of the real issue. I asked about the validity of your advice, "HAS NOT YOUR ADVICE BECOME QUITE VAGUE & MISLEADING, AS YOU STATED?" You have not responded on that point. If correct, why not justify that?
HOWEVER, ONE THING HAS BECOME CRYSTL CLEAR FROM YOUR POST that you really don't have any commonsense, who can't distinguish between ID and profile account, what to say of possessing any expertise, you being merely an imposter.
The links contain my two different accounts at LCI with two different organizations for which I provide consultations. These are not my IDs.
I DON'T KEEP ANY FAKE ID LIKE YOU MAINTAIN FOR YOURSELF. In both the accounts, I appear with my real name and photo, while you are afraid of posting your real name and photo.
I always respond to the emails of the people through both the organizations with two email IDs, as follows:
1962dcg@gmail.com
(For Dhingra Consultancy Group)
AND
sssfi2016@gmail,com
(For Super Specialty Services foundation India).
For test sake, you can also consult me through any of the aforesaid emails. I shall definitely respond to your email and render you my advice as to how to acquire some commonsense, which you really don't have.
CONTRARILY, YOU ARE HAVING only A FAKE IDENTITY, WHICH YOU CANNOT DENY.
By the way, WHY AND FROM WHOM YOU ARE AFRAID OF POSTING YOUR REAL IDENTITY (REAL NAME, PHOTO & LOCATION) IN YOUR PROFILE AT LCI?
Kumar Doab
(Expert) 10 March 2017
@PSD,
Whom you have called Dooba today?
Guest
(Expert) 11 March 2017
Mr. Doab,
I know, you always make childish posts without any relevance.
If you prefer to appear with your fake identity and assumed fake name, that fake name can be pronounced anyway,, i.e., doab which denotes two rivers of Punjab (Satluj & Beas) or Dooba. How that makes any difference for you?
By the way, WHY AND FROM WHOM YOU ARE AFRAID OF POSTING YOUR REAL IDENTITY (REAL NAME, PHOTO & LOCATION) IN YOUR PROFILE AT LCI?
With what fear and from whom you keep hiding behind your fake identity?
Guest
(Expert) 11 March 2017
Please Excuse Senior Advocate/Senior Advocate Mr.P.S.Dhingra Ji.The Last Post/Question of Mr.P.S.Dhingra Precisely Suits Madam RK Goyal
krishna mohan
(Expert) 22 March 2017
The land is in the name of the partnership firm of which my father was previously the proprietor.
Above supplementary information is clear that property is owned by the firm and whomsoever is partner will have right over it. Your lawyer will be able to represent and argue based on facts and legal rights.
Guest
(Expert) 22 March 2017
Mr. Sujoy Ghosh,
Seemingly, your query is of an academic query in the absence of a very crucial information as to whether the will was made by your father as an individual owner of the property, or as the proprietor of the firm, if property, as per partnership deed vested in the firm after the will was made.
You may like to make the point clear now.
sujoy ghosh
(Querist) 01 April 2017
Derar Mr. Dhingra
Thanks for you reply. Sorry I wass not well so could not reply.The property is on lease from the west bedngal government for a period of 90 years since 1992 and has been given in the name of the firm of which my father was the proprietor. Later the name was changed by my father and the same was informed and given a noc by the govt authority for accepting the change in name. The new firm entered into a partnership with my father and my elder brother introduced by my father with 50% share in the profits. Partnership deed was a partnership at will. In the registered will father has mentioned his share in the partnership business to be divided amongst me and my sister in the ratio of 25% each and the rest 50% to my elder brother. He has also mentioned a division of the land also in that ratio.
Warm Regards,
Sujoy Ghosh
Guest
(Expert) 05 May 2017
Mr. Sujoy,
So far as the share in partnership firm is concerned that can be owned as per the division advised by your father. But the property having been got title changed in the name of the firm cannot be divided individually as per will, as the will gets ineffective after change of title in the name of the firm. However, as per the division made, you are otherwise eligible for 25% of the share of property by virtue of being a 25% shareholder of the firm.
Guest
(Expert) 05 May 2017
Mr. Dooba,
You always failed to take my challenge. I asked you to test check me whether I respond to the messages or not through email of any of the two entities, either at:
1962dcg@gmail.com
(For Dhingra Consultancy Group)
AND
sssfi2016@gmail,com
(For Super Specialty Services foundation India).
But, even after a month you have failed to take my challenge.
Anyway, it is proved beyond any doubt that YOU ARE A FAKE EXPERT WITH A FAKE IDENTITY, WHICH YOU CANNOT DENY.
By the way, WHY AND FROM WHOM YOU ARE AFRAID OF POSTING YOUR REAL IDENTITY (REAL NAME, PHOTO & LOCATION) IN YOUR PROFILE AT LCI?
Also, why you always try to hoodwink the querists by rendering your wrong, evasive and misleading advice, who try to pose trust on you?
