Property
Kiran
(Querist) 01 November 2018
This query is : Resolved
My grand father has made a veel of property to one of his grandson can other grand children process legal action for the same property
Dr J C Vashista
(Expert) 02 November 2018
Show the document of Will to a local prudent lawyer for better appreciation of facts/document, guide and proceed professionally.
Guest
(Expert) 02 November 2018
Legal action is his right. However, the outcome of such legal action depends solely upon merits of the case.
The only thing is that the will is required to be sown to some expert on property laws to get appropriate advice based on analysis of the contents of the will.
uttamtibrewal@yahoo.com
(Expert) 02 November 2018
Dear Client...........
Yes other grandsons can challange the WILL.....
Kumar Doab
(Expert) 02 November 2018
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
A WILL can be contested.
Kumar Doab
(Expert) 02 November 2018
If WILL is proved as genuine and valid the contest to WILL may fail.
The beneficiary can submit the WILL to O/o jurisdictional authority..
You may understand the procedure..
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
If WILL has already been contested then wait for the decision by probate court.
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and settle the matter amicably and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Civil courts, HC, SC …
SHIRISH PAWAR, 7738990900
(Expert) 03 November 2018
If they are not accepting the existence of will they will definitely challenge it.
Kumar Doab
(Expert) 10 November 2018
If the WILL contested but the WILL is genuine and valid court can decide in favor of beneficiary.
Hazards of challenge with a deed e.g; WILL doe exist.
