Baaji 09 April 2017
shrenik (lawyer) 09 April 2017
saravanan s (legal advisor) 09 April 2017
Kumar Doab (FIN) 09 April 2017
Only an owner can dispose his/her estate upto the extent that he /she own, by a valid WILL.
The delay in acting upon the WILL, aggravates the doubt.
It is mandatory to probate the WILL at presidential towns.
If property is not at presidential towns then it is not mandatory to probate the WILL.
If contested the WILL shall land in Probate court of pecuniary jurisdiction.
Sri Vijayan.A (Legal Consultant) 09 April 2017
Executor of Will can modify the Will.
From your question, it is understood that you are the beneficiary. Try to probate it if it is in the city locations, where probate is compulsary. The inclusion of neighbours land in the will create suspicion about the genuineness of will.
Kumar Doab (FIN) 09 April 2017
Check with O/o Authority under whose juriosdiction property falls the requisite forms/procedures for such cases ( Testate Succession).
The authortiy may ask to obtain NOC from all legal heirs ( as per personal law that is applicable in your case) and/or advertisement in newspapaer
Or to obtain probate from Court of law.
In worst cum worst scenario the proeptry shall be devided, equally or in ratio amongst legal heirs as per personal law that is applicable in your case.
Also, check with local counsels at your location specializing in such/property/revenue/civil matters if Registered Family agreement on decided (fair) terms is possible.
In such future litigation may not be possible.
Baaji 09 April 2017
Baaji 09 April 2017
Kumar Doab (FIN) 09 April 2017
Challenge the WILL.
Approach local counsels at your location specializing in such/property/revenue/civil matters.
Kumar Doab (FIN) 09 April 2017
Personal Law: e.g; If you are Hindu, Hindu Succession laws shall apply.