Probate not done of registered will of grandfather
Querist :
Anonymous
(Querist) 04 May 2020
This query is : Resolved
My grandfather made a registered will in the year 1949 dividing the whole kothi between his three sons giving them the share ..measuring inch by inch..H mentioned his sons names along with the share described in the will. He wrote that his all 3 sons will have the right to live and enjoy their life in their respective shares written in the will but do not have the power to sell their share to anyone , After the death of his sons His grandsons will become the absolute owners of their fathers shares as mentioned in the will .The time the will came into existence None of the grandsons were born .It was only after the death of the grandfather the grandsons came in this world.
From 1949 to till date that registered will none of the sons thought of getting the will probated through court ..from 1998 legal battle between the three grandsons came up in court and is still gone on ..and it is in evidence stage and a stay had been gone on since them and court ordered a status quo in it .
Now except me all the grandsons are already dead and their LRs are being impleaded as the party to the suit ..
The property still is in the name of my grandfather ..the grandsons are giving power of attorney to landmafia to sell the land but as there is a status quo only they could do was an agreement to sale ..
MY QUESTION IS ..As per the law without getting the registered will of the grandfather probated through court can the grandsons become the owners of that property?
Hope to have some intelluctual answers to my question and hope the learned counsels could advice me what to do?
Guest
(Expert) 04 May 2020
Are you also one of the grand son . Your share can not be deprived, Whether the will is probated or not after the demise of your grand father the shares to be divided equally among the children / sons and the grand sons would get the equivalent share of their fathers only and it should not be in the criteria of how many grand sons. Discuss with a Local Good Civil Side Senior Advocate
Querist :
Anonymous
(Querist) 04 May 2020
Yes I am one of the grandsons..its a HUF property of my grandfather ..its still in his name ..how can we sell it
Guest
(Expert) 04 May 2020
Matter is already pending in the Court and the concerned Court would decide . In the same Court you should file a Partition Suit also. Once the Partition is done it will not be so easy to sell it as one property and your consent would be legally mandatory if some one wants to buy the whole property. For any Threat from Mafias and Goondas the Police Complaint should be made to the Local Police and Senior Police Officials and an News Paper advertisement with regard to the same could be made as pre caution. Discuss with a Local Good Civil Side Senior Advocate with the consent of your present Advocate
Querist :
Anonymous
(Querist) 04 May 2020
Sir how to file a partition suit the cost of the whole property is around 40 crores and my share is around 10 crores if i think of filing partition suit I will be giving lof of court fees that much money I dont have / is there any other way
Guest
(Expert) 04 May 2020
Court fee for Partition Suit would vary from state to state and better discuss about it with your Advocate Or with the Superintendent of the concerned section in your court.
Raj Kumar Makkad
(Expert) 04 May 2020
Court feee is required to be paid in case of partition but if the nature of the suit is changed and then compromise is made between the parties to the suit then the desired releif can definitely be sought.
Raj Kumar Makkad
(Expert) 04 May 2020
This is your repeated query otherwise. You have already been advised on all points you raised here again.
Querist :
Anonymous
(Querist) 05 May 2020
THE QUESTION IS CAN I CHALLENGE THAT WILL IN THE COURT AND ASK MY COUSION BROTHERS WHO FILED THE CASE AS TO WHY THEY ARE FIGHTING ON THE WILL WHEN IT NEVER GOT PROBATED BY THEM THROUGH COURT
Raj Kumar Makkad
(Expert) 05 May 2020
Your cousins are otherwise also the co-sharers of the joint property by way of the inheritance of their fathers. If your cousins have filed any suit, post its nature in brief. What is the relief sought in that suit and who are the defendants theein?
Dr J C Vashista
(Expert) 05 May 2020
The property devolved upon 3 sons of your grandfather, implies that the share of your father (and his brothers) was his self-acquired.
Whether your father died intestate ?
Rajendra K Goyal
(Expert) 05 May 2020
You said:
From 1949 to till date that registered will none of the sons thought of getting the will probated through court
Reply:
In many states getting the will probated is not mandatory, please find out the position in your State.
You said:
the grandsons are giving power of attorney to landmafia to sell the land but as there is a status quo only they could do was an agreement to sale
Reply:
Any person can do so at their own risk / responsibility / desire / needs / planning, you cannot stop them in doing so.
Rajendra K Goyal
(Expert) 05 May 2020
You said:
..As per the law without getting the registered will of the grandfather probated through court can the grandsons become the owners of that property?
Reply:
The property can be mutated / inherited on the basis of will, inherited shares can further be inherited by their legal heirs provided probating of will is not mandatory in the State where property is situated. If probating of the will is mandatory in the state, steps to probate the will has to be taken before acting on the will.
Rajendra K Goyal
(Expert) 05 May 2020
You said:
Yes I am one of the grandsons..its a HUF property of my grandfather ..its still in his name ..how can we sell it
Reply:
How the property is of HUF, who purchased it, when, how was received by Grandfather? Whether the sale deed show it as HUF property? If the property was HUF, position can be changed. Whether the property was purchased by Karta of HUF?
Discuss the position with some lawyer in detail.
Rajendra K Goyal
(Expert) 05 May 2020
You said:
Sir how to file a partition suit the cost of the whole property is around 40 crores and my share is around 10 crores if i think of filing partition suit I will be giving lof of court fees that much money I dont have / is there any other way
Reply:
Nature of suit / relief sought can change the applicable court fee, discuss with local lawyer.
Rajendra K Goyal
(Expert) 05 May 2020
You said:
THE QUESTION IS CAN I CHALLENGE THAT WILL IN THE COURT AND ASK MY COUSION BROTHERS WHO FILED THE CASE AS TO WHY THEY ARE FIGHTING ON THE WILL WHEN IT NEVER GOT PROBATED BY THEM THROUGH COUR
Reply:
Yes, the will can be challenged. What is the purpose / grounds / reasons of such challenge? Again repeat, probating of will is not mandatory in all the states.
P. Venu
(Expert) 05 May 2020
Yes, this is a repeated query; but only that the aspect of preemption and PoA given to the land mafia has been altered. What is the real issue? Please do not drag us into riddles.
Any how, it is not the universal requirement that the Will be probated; it is required in specified localities, not otherwise,
Secondly, the properties has already devolved upon the beneficiary sons on the strength of the Will and presently it is jointly vested with all their legal heirs.
The facts stated suggest that the property in commonly held by all such legal heirs and. to my knowledge, a partition suit filed by any one of them invite only nominal court fee.
