Property
supriya
(Querist) 06 June 2012
This query is : Resolved
Dear Sir/Mam,
I am having a query.In this matter the original testator died on 4-11-89.he wrote all the properties in the name of his wife.The said wife died on 20-12-2005. before her death she wrote a will in favour of her grandson and declared him as her "legal heir" and she transferred all the properties to her only grandson.But the original testator is having 2000 shares in a private limited company.Now the query is whether the legal heir(grandson) can get this 2000 shares in his favour.if yes kindly let me know the section and the Act and a solution to this problem?please let me know the answer as it is very urgent.
ajay sethi
(Expert) 06 June 2012
was probate taken of will of orginal testator? does it mention about 2000 shares?
if so , then wife ould be owner of the shares and she cna bequeath it in name of grandson . obtain probate of wife will too as company would be reluctatnt to transfer 2000 shares without a probate/usccession certificate .
Deepak Nair
(Expert) 06 June 2012
I endorse the views of Mr.Ajay
supriya
(Querist) 06 June 2012
Thank you so much for your immediate reply sir could you please explain me more with legal reference.it will be very helpful for me
M/s. Y-not legal services
(Expert) 06 June 2012
legal reference mean?
the grand father wrote all of his property to his wife., [died]. now the grandmother also died., before that she wrote all of her property to her one grandson., its mean automatically the 2000 shares also property of the grandson only.,
in case specifically if the share allotted to anybody by the grandpa or the grandma mean nothing can do.,
-tom-
supriya
(Querist) 06 June 2012
Thank you for your reply sir i need more explanation with sections and Act?
Shonee Kapoor
(Expert) 06 June 2012
The wordings of the will is important here.
"All movable and immovable properties" would include this.
However, if all other properties are mentioned by the name and number, this won't be included and these shares would be transferred as per law of succession.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
adv. rajeev ( rajoo )
(Expert) 06 June 2012
let him approach the co., with the will to get transfer the shares in his name. If co., asks for the succession certificate then let him file P & Sc Petition.
