Probate of will
sanjoo
(Querist) 28 February 2012
This query is : Resolved
Dear Sir, my grandfather received a Will from his aunt in 1940. His aunt died in around 1944. My grandfather died in 1998. Now my query is can i apply for probate of Will as i am the only class-1 heir of my grandfather? or i can only apply for letter of administration? Kindly give your precious advice in this matter.
sanjeev murthy desai
(Expert) 28 February 2012
Your grand father acquired the absolute ownership rights from the year 1944. In your case letter of administration or probation is not required because beneficiary also expired. Hence succession automatically opened in favour of class - I heir hence you are the absolute owner of the property. It is advisable to secure the death certificates and genealogical tree of the children/wife/etc of your grand father.
Shonee Kapoor
(Expert) 28 February 2012
Agreed with Mr. Desai.
If the grandfather was in possession of that property, no issues would arise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 28 February 2012
You have to get prepared paedegree of your grand-father and have to submit an application for the change of the ownership of the land being the sole legal heir of the deceased person.
sanjoo
(Querist) 29 February 2012
Thanks to all experts.
@Makkad Sir: My grandfather received Sanad-schedule H under Bombay Land Revenue act-code133 in around 1970. One of our relative raised objection and file a revision in Dycollector in 1990. Dy Collector accept the appeal and remand the case to city survey superintedent. City survey superintendent heard the details and enter our relative's name in property card. Then after vaious appeals were filed in Dy collector, collector. No any revenue authority considered our will as a proof and simply made assumptions that "the property is ancestral and aunt of my grandfather had no any right to make a will and on basis of present situation all recided on this property so all have equal right on this property". Opponent never reach to civil court against our registered will. whether revenue authorities have any right to decide this matter because aunt of my grandfather died in around 1944 undisputedly? Final order of collector was given in 1996. After that my grandfather was not able to apply higher authority i.e. secretory revenue department due to problem of financial condition. My grandfather died in 1998 as mentioned earlier. Now please guide me whether i have to apply for probate of will in civil court to resolve the issue or apply to secretory revenue department (apeal) or give necessary advice which ever you think better.
sanjeev murthy desai
(Expert) 01 March 2012
Revenue authorities don't have any authority to decide any ownership of any property. The Civil court always has authority to decide. hence it is advisable to approach the civil court.
