Query regarding will
Manikanta
(Querist) 23 December 2016
This query is : Resolved
Dear sir.
My great grand father(My fathers grand father) has registered his property to my grand mother(my fathers mother) she made a will that her property belongs to her daughter i.e to my aunt is that will is valid
Regards,
N.Manikanta
Guest
(Expert) 24 December 2016
Yes, as per the given fact, the will is valid.
By the way, is their any specific reason to doubt about the validity of the will?
Hemant Agarwal
(Expert) 24 December 2016
1. IF the immovable property can be classified as "ancestral property", THEN the Will is not valid.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 24 December 2016
As pointed out by expert Mr. Hemant Agarwal; you may confirm if the nature of property is ancestral!
You may also confirm if the grandmother is alive!
Rajendra K Goyal
(Expert) 24 December 2016
Your grand mother is owner of the property she can sell / gift / mortgage / bequeath a will for her property as per her wish, she has legal / valid right to do so.
Sudhir Kumar, Advocate
(Expert) 24 December 2016
please come with full facts and doubts.
Is it ancestral property.
R.K Nanda
(Expert) 24 December 2016
state full facts.
Manikanta
(Querist) 24 December 2016
Dear sir,
The mentioned property was self acquired by my great grandfather(FATHERS GRAND FATHER) then he registered the same property to my grandmother(FATHERS MOTHER) because my grand father expired early, she made a will that the property will belongs to my aunt, so it is ancestral property or self acquired property of my grand mother
Recently my grand mother expired, is there any chance to my father to challenge WILL in court
Manikanta
(Querist) 24 December 2016
Dear sir,
The mentioned property was self acquired by my great grandfather(FATHERS GRAND FATHER) then he registered the same property to my grandmother(FATHERS MOTHER) because my grand father expired early, she made a will that the property will belongs to my aunt, so it is ancestral property or self acquired property of my grand mother
Recently my grand mother expired, is there any chance to my father to challenge WILL in court
Manikanta
(Querist) 24 December 2016
Probate was not taken by my aunt
Kumar Doab
(Expert) 24 December 2016
You have posted that:
"The property was self acquired for great grandfather(FATHERS GRAND FATHER)."
"he registered the same property to my grandmother(FATHERS MOTHER) "
Hope it was registered by a valid deed in his life time.
You may however confirm by which valid deed great grandfather(FATHERS GRAND FATHER) registered in the name of grandmother(FATHERS MOTHER).............Or it was purchased directly in the name of grandmother(FATHERS MOTHER)?
If grandmother(FATHERS MOTHER) became owner of property by a valid deed then she can dispose by a valid WILL.
It is not mandatory to probate the WILL except in presidential towns.
Manikanta
(Querist) 24 December 2016
Dear sir
My great grand father not directly purchased in the name of my grand mother,Firstly he directly purchased in his name and then divided his property to his sons, as my grand father was not alive the share was registered to my grand mother
So it will be ancestral property is there any right to my father
Kumar Doab
(Expert) 24 December 2016
The property was self acquired for great grandfather(FATHERS GRAND FATHER) and partitioned during life time of great grandfather(FATHERS GRAND FATHER).
Hope it was by a valid/registered partition deed. Confirm!
Property in the hands of grand mother
is not ancestral.
Manikanta
(Querist) 24 December 2016
Dear all
Thanks for your valuable REPLY
Kumar Doab
(Expert) 24 December 2016
You are welcome.
Rajendra K Goyal
(Expert) 25 December 2016
Author need to reply the question from expert Sudhir Kumar.
Kumar Doab
(Expert) 25 December 2016
Author may reply to points raised by Mr. Sudhir Kumar.
Manikanta
(Querist) 25 December 2016
Dates of events?
The property has registered to my grandmother in 1963
She made will in 2014 and died recently
Manikanta
(Querist) 25 December 2016
That the registered documents were not available at concerned registration office due to pests.
With my aunt they are some papers which were taken copies(Nakal ) from registration office earlier, they are only the proof that the property will belongs to my grand mother
Manikanta
(Querist) 25 December 2016
If there is some chance that i can challenge thw will Plz let me know
Manikanta
(Querist) 25 December 2016
Dear bharat sir
As from above discussions it is confirmed that it was not ancestral, on what basis my father can challenge it in court
Kumar Doab
(Expert) 25 December 2016
Any WILL can be contested, on valid grounds.
Probate court shall decide on merits.............not on hearsay,gossip,rumor.
Kumar Doab
(Expert) 25 December 2016
Dear LCI author @ Manikanta,
While you were posting your last post, I was also posting.
I did not see your last post while posting.
TO me, your last question is a good question.
"As from above discussions it is confirmed that it was not ancestral, on what basis my father can challenge it in court"
Your father and your aunt are son and daughter of your grandmother.
If you not in presidential towns of Chennai, Mumbai, Kolkota, it is not mandatory to probate the WILL.
In that case the authority under whose jurisdiction property falls: may ask to submit NOC from legal heirs, other than beneficiary in the WILL and/release advt in newspapers inviting objections................
If you in presidential towns of Chennai, Mumbai, Kolkota, it is mandatory to probate the WILL.
Thus concurrence/objections to WILL are inevitable.
Kumar Doab
(Expert) 25 December 2016
All said and done the online discussions have its own limitations and you may obtain certified copies of all dcos on record and show these to a very able counsel, at your location , specializing in revenue/property/civil matters for a considered opinion...
Manikanta
(Querist) 25 December 2016
k sir thank u
Sudhir Kumar, Advocate
(Expert) 26 December 2016
asically every will is mean to be challenged.
At fag end of their life the parents tend to WILL everything in favour of the son/daughter who looked after them (though for entire life they remain partial against him/her).
As soon as an old man/woman breathes last then following things are sure :-
(i) no waking up at night
(ii) no taking to hospital.
(iii) no collection of report.
(iv) No rush of old/aged relatives.
(v) No disturbance of children studies
(vi) No skipping of parties/marriages.
(vii) no disturbance to visitors.
(viii) no passing of stool/urine on bed.
(ix) No need to transport to hospital/ banks.
So suddenly within 2 hours the dead body sees that he / she has a large family.
At times other son/daughters (who neglected the old man/woman in life) takes charge of the body and the rituals and starts taking final decisions. Now they also do not mind sharing the expenditure of the funeral and other expenses.
Later the same family has to challenge the will.
Kumar Doab
(Expert) 26 December 2016
You are welcome.
Guest
(Expert) 26 December 2016
Dear Shri Maniktala,
What advice you can expect on the issue of a 'will' from a petty finance executive, Mr. Kumar Doab, of a small company?
Out of 9 posts so far of Mr. Kumar Doab, could you get any conclusive opinion on your main query, "is that will is valid" from that headless (fake ID) & faceless (without photo) person without location person?
He posts multiple entries just to make the issues of the querists more complicated for his personal gains.
You would like to realise that, with seven of his vague posts, he would have made you more confused, by telling you, "In that case the authority under whose jurisdiction property falls: may ask to submit NOC from legal heirs, other than beneficiary in the WILL and/release advt in newspapers inviting objections................"
AND
"concurrence/objections to WILL are inevitable."
COULD YOU DERIVE ANYTHING OUR OF THIS ADVICE, WHAT HE WANTED YOU TO DO?
So he wants you to run from pillar to post just to ultimately achieve nothing with loss of your precious time and money.
His other objective to confuse you was to extract money from you when you get compelled to remain in touch with him continuously to ask more and more clarifications through private messages due to such confusions.
Anyway, best of luck, if you try to act on the advice of a petty finance executive of a petty company.
Besides not coming with his real name, he has not posted his photo and place of his location even after at least 30 requests.
NOW EVEN IF YOU ASK HIM TO SHOW HIS FACE (PHOTO) ON HIS PROFILE, HE WON'T OBLIGE YOU AT ANY COST.
Of course, you can observe, now his session for abusing me WOULD START for exposing him and his fraudulent intentions.
Guest
(Expert) 26 December 2016
Dear Shri Maniktala,
Example of misleading and confusing advice by Mr. Kumar Doab can be seen in the words of a querist, Shri Dhaval Parikh, where he has very clearly stated:
"Without any hard feelings Mr. Doab I also felt a bit confused about your reply."
This observation of Mr. Dhaval Parikh can be seen at the following link:
http://www.lawyersclubindia.com/experts/Payment-of-notice-pay-626561.asp
Kumar Doab
(Expert) 26 December 2016
Dear LCI querist @ Manikanta,
Although Dhingra has added Shri to your name, he has willfully not posted the link to the threads in which he has been abusing the querists/authors/members/experts.........
And threads in which he has been asking querists/authors to contact him by phone to seek appointment and pay him his consultation FEE for online discussions.
The last posts by him are his vomits of frustration, jealousy and tirade that he has been making against anyone and everyone at LCI....................
You may log onto his profile and carefully go thru the threads under Forum/Experts sections......... and 'Beware'.
I am sending you some links that you may show alongwith printouts of this thread to elders of your family, and your own counsels at your own location......
Online consultations have its won limitations and are substitute for in person consultation with all docs on record and inputs with a very able counsel specializing in respective filed of law.................
You can also search in 'Search' option in Expert section 'Search Q &A' on middle of right hand side of this web page and in Forum section 'Search' on bottom of any thread...............
Kumar Doab
(Expert) 26 December 2016
Dhingra is day dreaming and hallucinating and forgot to hallucinate that he was a doorman in the Finance Company he is hallucinating............
He is not a lawyer.
Even a Munshi (clerk) of a lawyer may not fall for his shrieks,howls,shouts.
What else is left to be done, in his leftover days.
Show printout of this thread also to your medical board, teachers (if you had any), your own priest and PANDA ans wash your sins in this mortal world.
House of cards is falling.
Kumar Doab
(Expert) 26 December 2016
Dhingra forgot to post the weblink of threads in which he has claimed that he has been earning from Online appointments and FEE extracted from unsuspecting querists that otherwise wil get FREE advise at LCI ............................
http://www.lawyersclubindia.com/experts/SC-ST-LANDS-625961.asp
Kumar Doab
(Expert) 26 December 2016
Dhingra has willfully not posted the link of the thread in which he has vomited his itch, frustration on reference of LCI experts ..................including from Mumabi....................like expert Mr. Hemant Agarwal..........in this thread and...............claimed that whenever i send links to querist/authors............the publisher pays the amount.............
It is Dhingra's business to extract FEE from unsuspecting querist/authors at LCI that otherwise should get FREE advise at threads in LCI.................so why does he start sending links to querists/authors like LCI querist @ Manikanta, and get money from publisher.
And then post the details of such publishers in this thread and also to all querists/authors/members/experts.................and let anyone and everyone benefit from it.
Guest
(Expert) 26 December 2016
Dear Shri Maniktala,
Have you seen that my observation has proved correct, when he made 4 posts out of which 1 is addressed to you and the other 3 aiming at me with his abuses.
Now, I would like to reveal his secret mantra that he purposely makes multiple posts just to enhance his appearances on the the threads, as he believes that the more entries he makes, the more reputed expert he could be judged.
PROBABLY, HE DOES NOT KNOW THAT THE READERS CANNOT BE BEFOOLED BY HIS TRICKS THAT TOO WITH WRONG, VAGUE, AND MISLEADING ADVICE.
Kumar Doab
(Expert) 27 December 2016
The observation of Mr. Dhaval Parikh and my posts can certainly be seen at the following link:
http://www.lawyersclubindia.com/experts/Payment-of-notice-pay-626561.asp
You are disturbed in this thread also since the another author Ms. Madhu Mittal also also shown you the mirror for your true image and hollow claims of knowledge. YOU do not know even basics.
You have tried your level best to lie and distract and confuse querist/authors/members/experts/readers/visitors of lCI and admin/owners of LCI and everyone else that are concerned but have miserable failed....................
In concurrence to your wishes your stands refreshed once again:::::::one thread at:::
http://www.lawyersclubindia.com/experts/Problem-with-real-estate-builder-622761.asp
Kumar Doab
(Expert) 27 December 2016
Dear LCI querist @ Manikanta,
In many threads at LCI the WILL, validity of WILL, how to challenge the WILL .............has been discussed in detail.
In many of the thread LCI expert Mr. Hemant Agarwal has also posted enlightening and enriching comments .........on WILL.YOU can check with him.
In many of the thread LCI expert Mr. Rajendra K Goyal, Mr. Sudhir Kumar has also posted valuable comments. The reference of these experts and especially from Mumbai increases the itch of Dhingra and he will jump again to shout,shriek,and cry again......
Dhingra has problems with enriching and precise comments and has not spared either of me , Mr. Hemant Agarwal , Mr. Rajendra K Goyal, Mr. Sudhir Kumar, Ms Usha Kapoor that have posted in thsi thread and other fellow experts..............
While you search you will come across all such threads...............
Dhingra has problem with anyone and everyone posting illustrated comments and citations and references.............since it exposes his blankness and hollowness...........
Everyone is fed up with his indecorous and intolerable conduct and habit to stalk, abuse, litter nuisance, prank..................
While you search in both 'Experts' and 'Forum' sections you will find that rightly asked to go and not to come back and he does it since he has nothing else to do and knows nothing else............
YOU will find threads in which querist/authors have posted in 1st query that P.S.Dhingra should not reply to the query............but compelled by his itch and urge he intercepts and litters his trademark nuisance.............
He remains glued to his computer and jumps to posts indecorous intolerable comments about fellow experts immediately after a query is posted even if the experts has not posted a comment..........
The experts have tried by ignoring and avoiding him in endless number of threads but he chases and intercepts................since he knows nothing else and does nothing else...........
He can publish personal messages, emails sent to him.............so that risk is also be accounted.
You may search fro last many years all threads under his profile in Forum/Experts sections and show these to elders of your family and your own counsels...............
Your query has been discussed at length...............
Your own counsel can guide you further.
Your counsels may also opine that WILL is valid and probate court shall decide on merits................
Guest
(Expert) 29 December 2016
Dear Shri Maniktala,
With the advice of Adv. Akhtat Ali Sheikh that the will is "100% valid and property now vests in aunt," you can now very well understand that Mr. Kumar Doab had so far tried to show your issue to be quite complicated by misleading and misguiding you through 15 long statements, so far posted by him.
He usually make hill out of a mole with his misadventure to sidetrack the issues of the persons, who face any problem or ask some question for guidance with the intention to deceitfully suggest very expensive time consuming undue legal process.
You have to be beware of such a confidence trickesters.
You will be justified if you ask him to post his real name, photo and destination place at his LCI profile, which he has refused to do openly in spite of about 50 requests so far to him.
You will see that he would definitely NOT oblige you also in updating his LCI profile by posting his real name, photo and the destination place. SO, CAN YOU RELY ANY SUCH PERSON, WHO KEEPS HIMSELF HIDDEN FROM ONE AND ALL AND MISLEAD ONE AND ALL DUE TO SOME OF HIS OWN HIDDEN VESTED INTERESTS.
