Regarding will
Shweta
(Querist) 13 August 2017
This query is : Resolved
Dear concern
My father prepared will in 2011 and among 2 brother and 5 sister,he put my name and my elder brother name in that.
He expired in 2015.
Want to know still that will be valid
What would be next procedure
Ms.Usha Kapoor
(Expert) 14 August 2017
If your father has appointed an executor he will take care of distribution of your father's assets to you. In case no executor is appointed you can apply for appointment of an executor in District court or Highcourt depending on the pecuniary value of the will or pecuniary jurisdiction of the court. Even if no executor is appointed you all get the property distributed amongest yourselves as per your fathers arrangement in the will and as peer his wish.or instructions.
Ms.Usha Kapoor
(Expert) 14 August 2017
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Advocate M.Bhadra
(Expert) 14 August 2017
File a Probate Case in District or District Delegate Court u/sec.276 of the Indian Succession Act for granting the said WILL.
Section 276 ofThe Indian Succession Act, 1925
"Petition for probate.—
(1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating—
(a) the time of the testator’s death,
(b) that the writing annexed is his last Will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner’s hands, and
(e) when the application is for probate, that the petitioner is the executor named in the Will.
R.K Nanda
(Expert) 14 August 2017
file petition in court to get probate of will.
Guest
(Expert) 14 August 2017
The will is valid.
About procedure, Advocate M. Bhadra has rightly advised about detailed procedure to get that probated.
Kumar Doab
(Expert) 14 August 2017
If the WILL is valid, it can be acted upon.
Mr. M. Bhadra has provided you with inputs....
You are from which state?
The assets/estate/property bequeathed in WILL is in which state?
It is mandatory to probate the WILL in presidential towns of Mumbai, Chennai,Kolkota………..
It is not mandatory to probate at other locations…
Kumar Doab
(Expert) 14 August 2017
Apparently it is simple matter of ‘Testate Succession’.
The process and procedure and forms might also be available on website of O/o Authority under whose property falls e.g; MC….Or it is certainly available in O/o Authority…………
Generically speaking: The certified copy of WILL, death certificate, legal heir certificate are basic requisites…………….The O/o Authority may ask for NOC from all legal heirs (other than beneficiary) and/or release advt in newspapers asking for objections if any…………..and/or O/o Authority may write to all legal heirs (other than beneficiary) to lodge objections if any in set time…………………and in case NO objections are lodged authority may act upon the WILL and transfer ownership in the name of beneficiary(ies).
Any WILL can be contested on valid grounds….
In the WILL is contested it lands up in probate court of pecuniary jurisdiction…………and probate court shall decide………..
Don’t delay.
The delay arouses suspicion…
Kumar Doab
(Expert) 14 August 2017
Do you have original copy of the WILL?
Is it registered?
Advocate Suneel Moudgil
(Expert) 14 August 2017
clear doubts raised by expert Kumar Doab and get more clarification
Rajendra K Goyal
(Expert) 14 August 2017
Will is valid if no new will executed after this.
Proceed as advised by the experts.
Dr J C Vashista
(Expert) 14 August 2017
I may suggest the experts are requested to avoid taking law tutorial classes on this platform. If the author of a query is interested in gaining knowledge of procedure and law s/he should be advised to approach a local tutor. In case there is any dispute s/he may be given guidance, for the same we are doing a social service FREE OF COST, but at the cost of our precious time and efforts and each minute of a professional has a cost, which you will agree.
Kumar Doab
(Expert) 14 August 2017
The querist probably do not want to respond....
Kumar Doab
(Expert) 16 August 2017
In case you are unable to resolve on your own lean on LOCAL senior counsel of unshakable repute and integrity specializing in testamentary matters and having proven and successful track record...........
