Will declaration
T.Srinivas
(Querist) 01 March 2017
This query is : Resolved
A' have 6 children and he belongs to SC Community, he is possession of agricultural property, the same property is granted in the year 1998 with specific conditions not to alienate for the period of 15 years, thereafter in the year 1999 'A' executed a registered will in favour of his sister 'B' and in the year 2000 he passed away, consequently by virtue of the Will 'B' has transferred RTC and other revenue records in her name, subsequently 'B' executed a registered Gift Deed in favour of her son 'C', thereafter on 2016 'C' executed a Sale Agreement in favour 'D'
now legal heirs(children's) of 'A' wants to challenge the Will, Gift Deed and Sale Agreement, as Will is not probated.
please guide me what relief should i claim in civil case.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 02 March 2017
Will needs to be probated for its validity. But since B transferred RTC and others revenue records it must have been probated.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 02 March 2017
Will needs to be probated for its validity. But since B transferred RTC and others revenue records it must have been probated.
T.Srinivas
(Querist) 02 March 2017
Respected Jeevan patil,, till today will is not probated
Kumar Doab
(Expert) 02 March 2017
While death can not be predicted.
So anyone can write a WILL.
WILL comes up after death of testator.
WILL has to be acted upon without any cloud on it.
The procedure of the authority may include NOC from legal heirs/advt in newspaper OR Probate.
It is not mandatory to probate the WILL except in presidential towns i.e. Kolkota, Chennai, Mumbai.
Relate with rules.
Kumar Doab
(Expert) 02 March 2017
Subsequent to death of allotee: either the property vests back
Or devolves upon Legal Heirs/successors
( if there are extent and applicable conditions for such event).
Relate with Rules.
Show the conditions, rules and mutation records with all link docs to a very able local counsel specializing in such/property/civil matters.
Kumar Doab
(Expert) 02 March 2017
The query is also posted at:
http://www.lawyersclubindia.com/experts/Will-declaration-633551.asp
Guest
(Expert) 02 March 2017
Rightly Said by Madam RK Goyal
T.Srinivas
(Querist) 02 March 2017
Respected experts, under the above said circumstances, please suggest me nature of the suit and relief for the legal heirs.
Sri Vijayan.A
(Expert) 02 March 2017
Please see the condition of grant of property regarding the death of allotee before the expiry of non-alienable period.
Please check whether, on death of allottee, it will pass to his legal heirs.
Probate of will not necessary for all properties.
