Parental property

Querist : Anonymous (Querist) 13 November 2011 This query is : Resolved
Three bothers and three sisters (my father is the eldest). My Grandfather has divided the property among three sons. All of them are staying in their own part. But the will is not presented post my Grandfather's death. Hence we are not being able to do the mutation of the home. The executer of the will is husband of the 2nd sister. He says he doesnot have the will. My father is stuck as he has a zerox copy of the will. How can we claim our part as per will, kindly suggest.

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Guest (Expert) 13 November 2011
if it is registered you can get the certified copy and then get a probate. Also you can file a suit in this behalf based on will.

Raj Kumar Makkad (Expert) 13 November 2011
It is not understood how the will executed by husband of your sister affects the rights in the property left by your grand-father to the extent of 1/3 affect him?

You have not told that will was executed by your grand-father so there seems no direct or indirect relation of will of husband of your or his sister with your father.

Come with clear facts.

Rajeev Kumar (Expert) 13 November 2011
I agree with mr. Makkad

Arun Kumar Bhagat (Expert) 13 November 2011
I think Mr.Makkad is confused. He needs to read the question again.

Raj Kumar Makkad (Expert) 13 November 2011
Bhagat if I am confused why are you sitting idle. You must have replied the query so that it might have also a light.

Bhagat! I suggest you to go through query again and interprate it for querist.

Querist : Anonymous (Querist) 14 November 2011
Thank you to all. I actually ment my father's sister and not mine.

Querist : Anonymous (Querist) 14 November 2011
GANESAN Sir,

Just wanted to know if there is any way to find out if the will is "registered" or not. As my father has a zerox copy of the will. Can we find out this information from the court ?
Thank you for all the reply from your end.

prabhakar singh (Expert) 14 November 2011
If the Photo state you have was made after registration,then must bear the stamping of registrar overleaf.
If not found so then presume that photo state might have been taken before registration.

Your photo state might be showing a date on which this will was written and signed.

You should visit the sub registrar office and move an application with affidavit to inspect the record of registers of will which is different from a register of sale
showing ground that you are heir and son of the testator.

If in the year this will is registered the same would be found there of which copy could be applied.

If no mention of that will is found then try the year in which your grand father died,if not found there also then be sure it was not registered and the original is along with executor who is reluctant to act
for his wife benefits.

Even in such a situation,an application for letter of administration can be moved on the ground that the original is in the custody of the executor who is reluctant
to perform his duty and is not ready to hand over you the original will.

Also plead the knowledge of existence of will quite sudden and new as the limitation to act and apply for probate or letter of administration would be three years from the date of death of your grand father under residuary article of limitation Act.

Even this will can be proved in absence of original untraceable and not brought to light due to suppression by executor.The attesting witnesses shall prove now this one saying the same to be exact copy of the original on which first after reading the contents the testator signed the first before attesting witnesses and then the attesting witnesses signed the will before the testator.

Parental property

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