Father's registered will property
HITESH SHAH
(Querist) 13 December 2016
This query is : Resolved
RESPECTED LAWYERS, IF FATHER MAKE REGISTERED WILL OF HIS SELF EARNED PROPERTY IN FAVOUR OF TWO CHILDREN AMONG 3, THEN AFTER FATHER DEATH THIRD ONE CAN CHALANGE FOR HIS SHARES?FIRST TWO CAN GET ANY DIFFICULTY IN TRANSFERRING THEIR SHARES ON THE BASIS OF WILL?THANKS
Guest
(Expert) 13 December 2016
First Consult a Local Good Senior Advocate and Complete the Process of Probating the Will in the Court.Your Problem would be Solved subject to Genuineness of the Will.
Kumar Doab
(Expert) 13 December 2016
The owner can dispose his self earned/acquired estate/property by valid WILL.
Registered WILL can also be contested, however may not be easily set aside on the counts of authenticity.
If contested while it is submitted to act upon the probate is recourse.
As pointed by Mr.N.J.S.Rajkumar the Genuineness of the Will shall be decided by the court.
Rajendra K Goyal
(Expert) 13 December 2016
Owner can sell / gift / mortgage / bequeath a will for his / her property in favor of any one, other can not object.
Probating of will is not mandatory except few places.
In this case will is registered, third son has negligible merit in his claim if challenge.
Kumar Doab
(Expert) 13 December 2016
While agreeing with Mr. N.J.S.Rajkumar and Mr. Rajendra K Goyal......may I add that if the third son does not agree to give consent/NOC while the WILL is submitted to authority under whose jurisdiction the estate/property falls, the dispute shall precipitate and WILL may land up in Probate Court.
kavksatyanarayana
(Expert) 13 December 2016
Agreed with the advise of Mr.Kumar Doab sir.
HITESH SHAH
(Querist) 13 December 2016
IF THIRD SON GIVE CONSENT ,THEN HIS WIFE OR CHILDREN CAN CLAIM FOR PROPERTY IN FUTURE?
Ms.Usha Kapoor
(Expert) 14 December 2016
Father has given his share to two of the brothers. So your right to father's property acquired property and titled etc got perfected by will.Third son or you brother don't get any share in the property.
Rajendra K Goyal
(Expert) 14 December 2016
IF THIRD SON GIVE CONSENT ,THEN HIS WIFE OR CHILDREN CAN NOT CLAIM THE SAID PROPERTY IN FUTURE.
Though no consent of third son is required, but it is better if received.
Kumar Doab
(Expert) 14 December 2016
Isn't third son alive?
HITESH SHAH
(Querist) 14 December 2016
YES THIRD SON IS ALIVE.BUT IF THIRD SON GIVES CONSENT,THEN HIS WIFE AND CHILDREN CAN CLAIM?IS IT NECESSARY TO TAKE CONSENT OF THIRD SON'S WIFE AND CHILDREN?THANKS
Kumar Doab
(Expert) 14 December 2016
If they agree to sign, let them also sign.
HITESH SHAH
(Querist) 14 December 2016
IF THEY ARE NOT READY AND ONLY THIRD SON GIVE CONSENT.THEN THEY CAN CREATE PROBLEM IN PROCEDURE OF TRANSFER?
Kumar Doab
(Expert) 14 December 2016
If the third son signs as NOC then authority shall proceed as per laid down procedure................to transfer.
If the third son does not sign as NOC then authority shall proceed as per laid down procedure.
Have you checked/obtained the copy of procedure from O/o Authority?
If yes what is the procedure narrated by authority?
HITESH SHAH
(Querist) 14 December 2016
NOT OBTAINED ANY COPY OF PROCEDURE
HITESH SHAH
(Querist) 14 December 2016
ANOTHER QUERY
RESPECTED LAWYERS,
IN FAMILY COURT COMPROMISE PURSIS FOR MAINTENANCE UNDER SECTION 125 WAS MADE AND SIGNED BY APPELANT AND RESPONDENT ON EACH PAGE AS WELL AS BY ADVOCATES OF BOTH SIDES AT THE END OF PURSIS.ON THE BASIS OF COMPROMISE PURSIS LEARNED JUDGE OF FAMILY COURT DID ORDER FOR MAINTENANCE AFTER EXPLAINING AND READING IN OPEN COURT.BUT AFTER 2 MONTHS APPELANT WENT TO HIGHCOURT AND DID CRIMINAL REVISION APPLICATION FOR MAINTENANCE .GROUNDS WERE 1) THREE MINOR CHILDREN CHILDREN HAVE NOT SIGNED 2) HER ADVOCATE HAS NOT EXPLAINED PROPERLY.HIGHCOURT ORDERED THAT PURSIS WAS IMPROPER ACCORDING TO CPC ORDER 23(1) AND 32(7) AND SET ASIDE .HIGHCOURT HAS SUGGESTED TRIAL COURT TO DECIDE MAINTENANCE BUT CONTINUE TO GIVE DECIDEC MAINTENANCE AS INTERIM RELIEF TILL FINAL JUDGEMENT OF TRIAL COURT COMES.MY ADVOCATE SAID THAT CIVIL RULE CAN NOT BE APPLICABLE TO FAMILY COURT.SIR WHAT IS YOUR OPINION?WHY SHOULD RESPONDENT SHOULD CONTINUE TO GIVE MAINTENANCE IF PURSIS HAS BEEN QUASHED.GIVE UR SUGGESTION. WHAT SHOULD RESPONDENT SHOULD DO?SHD HE MOVE TO SUPREME COURT?IS IT POSSIBLE TO ADMIT CASE AND TO TAKE STAY AGAINST HIGHCOURT ORDER.KINDLY REPLY.THANKS
Kumar Doab
(Expert) 14 December 2016
OBTAIN COPY OF PROCEDURE AND RELATE.
Rajendra K Goyal
(Expert) 14 December 2016
Full case file need to be referred.
Whether maintenance compromise to be reconsidered / again decided or maintenance to children is to be decided.
If the compromise is set aside he should effectively oppose the maintenance claim / quantum / eligibility of maintenance for her and children.
Have assistance of some expert lawyer.
Rajendra K Goyal
(Expert) 14 December 2016
You should have posted this query in new thread as both are separate.
Kumar Doab
(Expert) 14 December 2016
If there are other queries/issues also.......Post all.
Summarize what exactly is bothering you!
Kumar Doab
(Expert) 14 December 2016
Registered WILL is usually not set aside on the counts of authenticity.
If the property is self acquired (and established on record) then owner (father) can dispose it, in anybody's favor in his life time, by a valid deed.
Kumar Doab
(Expert) 14 December 2016
Third son can approach court.
Court shall decide on merits.
What merits do you see in 3rd son's claim, in future?
After 3rd son his legal heirs can step in his shoes, if the matter, agitated upon by him, is not fully decided.
What merits do you see in 3rd son's claim, or subsequently his legal heir's claim, in future?
Have you consulted a very able counsel specializing in such/revenue/family/civil matters with all records/docs/inputs?
If yes what is your counsel's opinion?
Kumar Doab
(Expert) 14 December 2016
More than once you have been prompted to get NOC from 3rd son and act upon the WILL, after your father's death.
IN the meantime as suggested above, you may ::from O/o Authority:: OBTAIN COPY OF PROCEDURE AND RELATE.
Rajendra K Goyal
(Expert) 14 December 2016
In respect of first query:
The inheritance opens on the date of demise of owner.
Third son is alive and is giving release, he inherit nothing due to will or release, his legal heirs would have no claim of any kind on referred property.
Kumar Doab
(Expert) 15 December 2016
You are welcome.
