Questions reagrding will
Varun singh
(Querist) 31 October 2018
This query is : Resolved
Respected members
1) If a father registers a will in the name of one son that saying that he is the complete owner of his property , then can the other son claim anything in the property ?
2) if the other member refuses to leave the house when the property gets mutated in other son's name ( will one ) then what can be done ?
Please enlighten me
Isaac Gabriel
(Expert) 01 November 2018
Will is effect after death.Till such time right of legal heirs will not be affected.
Varun singh
(Querist) 01 November 2018
I wanted to ask after death ?
Dr J C Vashista
(Expert) 01 November 2018
What are your problems ?
For academic questions consult a local tutor.
Varun singh
(Querist) 01 November 2018
sir could you please reply to my question tutors dont provide these kind of information?
Varun singh
(Querist) 01 November 2018
Sir my main question was that if the another brother refuses to leave the house then after will is executed ?
Kumar Doab
(Expert) 01 November 2018
Which personal law applies in your case?
Are you all Hindu?
The property is in which state?
Has the WILL been dulty acted upon without any cloud on IT or contested?
What are the exact reasons for brother not vacating the said property?
Confirm!
Kumar Doab
(Expert) 01 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.
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.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
In case the legal hiers (including the brother as in query) have say signed NOC and authority has mutated the property in beneficiary’s name , then the WILL is duly acted upon.
Kumar Doab
(Expert) 01 November 2018
The beneficiary may still by his/her sweet will allow anyone to stay in said property free or upon collection of rent or proceed to evict.
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 try to resolve 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, ans such counsel can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able LOCAL 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 …
