WILL
Kapil Kumar
(Querist) 04 October 2009
This query is : Resolved
Kindly guide me with respect to the WILL Document acceptance rules. There is a WILL which has been signed in front of two witnesses and is duly registered, so will it serve the purpose as a one and only legal document for any kind of claim or there are other procedures or formalities which needs to be carried out to make the WILL applicable. The WILL creator is now dead.
IS there a specific meaning of the word "PROVOKE" in case of the WILL.
Also advice that after the death of husband,will wife become the authentic legal heir of the property and other assets or the children as well
AEJAZ AHMED
(Expert) 04 October 2009
Dear Kapil Kumar,
As testator of the WILL is dies, therefore you can proceed for "Probate".
Probate: A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor's authority. A probate is mandatory when the Will is executed by a Hindu, Christian or Parsi in the cities of Mumbai, Calcutta or Chennai, or pertains to immovable property situated in Mumbai, Calcutta or Chennai.
Effect of grant of probates :-
A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate. However, it only establishes the legal character of the executor and in no way decides the title or even the existence of the property devised. The grant of the probate decides only the genuineness of the Will and the executors right to represent the estate.
The grant of a probate is conclusive evidence of the testamentary capacity of the person who made the Will.
A probate is conclusive as to the genuineness of the Will and appointment of the executors.
Once a probate is granted, no suit will lie for a declaration that the testator was of unsound mind.
Probate is conclusive as to the representative title of the executor.
To whom probates can be granted :-
Under the Indian Succession Act, 1925, a probate can be granted only to an executor appointed under a Will. However, it cannot be granted to a minor, a person of unsound mind, or to association of individuals, unless it is a company that satisfies the conditions stipulated by the government.
When a probate can be granted : A probate cannot be granted until the expiration of seven days from the date of the testator's death.
KINDLY GO THROUGH THE FOLLOWING WEBSITE FOR FULL DETAILS ABOUT "WILL"
http://www.legalserviceindia.com/wills.htm
In the absence of any "Document" after the death of Husband both Wife and Children are the Legal Heir against the Property and Assets left by Husband.
Sachin Bhatia
(Expert) 04 October 2009
What you want to know meaning of "PROVOKE" or Probate?
Sachin Bhatia
(Expert) 04 October 2009
If the husband died intestate then wife and childrens become the legal heir of his property.
Sarvesh Kumar Sharma Advocate
(Expert) 04 October 2009
if will is there then other way other wise after the death of husband, children become the authentic legal heir of the property.
adv. rajeev ( rajoo )
(Expert) 05 October 2009
In a will there should be a sentence that " This is last will prior to this I have not exeuted any will in favour of any body" because latest will prevails.
If the props., are self acquired props., of the deceased he can dispose according to his wish & will. If the person dies intestate then his wife and sons are the legal heirs.
Kapil Kumar
(Querist) 05 October 2009
thanks for the replies...So the execution of Probate is not applicable in Delhi ,if I understood correct??
AEJAZ AHMED
(Expert) 05 October 2009
Yes Mr. Kapil,
As per one of several Judgements of Delhi High Court :
http://indiankanoon.org/doc/302532/
It is observed by Justice J. M. Malik as:
" Therefore, there is no problem in arriving at the conclusion that if the Will is made in Delhi relating to immovable property in Delhi by Hindu, Buddhist, Sikh or Jaina, no probate is required. "
Kapil Kumar
(Querist) 05 October 2009
Thanks Mr Aejaz for your kind guidance...what is the role of Probate in case of movable property and what is the procedure of Probate and how much time it generally takes. I reside in Delhi.
Kapil Kumar
(Querist) 07 October 2009
thanks ..I want to know the procedure to file a petition for Probate and how much time it generally takes to get it .
