Rohit Shukla 20 April 2017

Property Matter

Respected sir, My father and their two brother have ancestral property in the name of their mother and father before the death of my grandparents they make a two will. In first will they made it in the favour of my uncle wife with No objection certificate given by my father and his second brother to my uncle wife but my grandparents make a new will in the favour of their three Sons. So,I just want to know which will is Valid.

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Kumar Doab (FIN) 20 April 2017

Last WILL.

Rohit Shukla 20 April 2017

Is No objection certificate given by my father create any problem for the validity of the new will

Rohit Shukla 20 April 2017

Respected sir, But my uncle and his wife with my second uncle capture entire property of my grandparents including home and fighting orally with my father. So, please guide me how I take legal action against him.

Kumar Doab (FIN) 20 April 2017

What NOC?

Has the last WILL been found valid and acted upon?

Has the last valid WILL been submitted to authority under whose jurisdiction property falls say; MC.......................and has your father signed NOC there?

Kumar Doab (FIN) 20 April 2017

Is it Same query that you have repeated at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=149068&offset=0

Rohit Shukla 20 April 2017

Respected sir, The last WILL are in the favour of my grandparents three sons but two of them not agree with the Last WILL .

Rohit Shukla 20 April 2017

The last WILL was not submitted to the concern authority due to my uncle objection.

Kumar Doab (FIN) 20 April 2017

If the last WILL is valid then it should prevail.

Since the property was owned by deceased grandparent it is their wish to change/modify the WILL as many times in their life time.....................and to bequeath as much to anyone or nothing at all.

The last wish of owner in WILL (Testaor) is supreme.

There is nothing called as ; "two of them not agree with the Last WILL "

They can contest the WILL on its being not genuine etc .

If the WILL is found genuine and acted upon withtout any cloud on it then they will get only upto as in WILL.

Rohit Shukla 20 April 2017

My father signed on a paper which was notarised by uncle. My father did not signed NOC in court.

Rohit Shukla 20 April 2017

What is the process to get registered the last WILL if two party are not agree. Can my father alone registered the will ?

Kumar Doab (FIN) 20 April 2017

The certified copy of the WILL has to be submitted to the authority under whose jurisdiction property falls, to act upon.

The authortiy follows set procedure (Testate Succession) and might issue notice/newspaper advt and ask NOC from all legal heirs,......................and prescribed documents

Check with O/o Authority.

Kumar Doab (FIN) 20 April 2017

If WILL is contested then it shall land up in Probate Court of pecuniary jurisdiction.

And court shall examine the WILL and grant probate.

Kumar Doab (FIN) 20 April 2017

If possible prefer registered family agreement.

It can root out the future litigations also.

Kumar Doab (FIN) 20 April 2017

What is the need to register the WILL, now, as per you?

The owner and testator (grandparent) has died.

Now it is time to act upon the WILL.

Property Matter

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