succession act

Indian Succession Act deals with Wills and Codicils. Hindu Succession Act does not make any provision in that regard. See Sec 63 and 2(b) of the said Act.

My Father died leaving a will for his two sons and completely leaving two of us daughters from the will. This will has been witnessed and signed by his daughter-in-law. We daughters want to dispute this will. We want to get a copy of the EC. We do not have a copy of the title deed (sons are holding it)so we do not have the boundary details to get an EC copy.

Is there a way to get a copy of the title deed and EC so we can file a case as we believe that the will was written under coercion. If the will is probated will we be able to still file a case? Can we file a caviet with the high court to stop them from probating the will?

Please reply as the matter is urgent.

Mrs.AMP

Yes caveat can be lodged in such a case. Since probate case is generally filed in District Court, You are required to file caveat in District Court. At some places High Courts do have jurisdiction to entertain probate cases, there you have to file caveat in High Court. So just consult a good lawyer over there. So far as title deeds are concerned, you can obtain certified copies thereof from the sub-registrar office, where the title deeds were executed. However, you need not get the title deeds to know the boundary descripttion. If you know other details of the land viz. Plot Number etc, you can know the boundary details thereof by obtaining copy of ROR from concerned land revenue office. In fact in most states ROR have been made available online, so can check them out from the comforts of your home.

Thank you Maam. I tried the on-line ROR serices which requires the patta and survey details to get the extracts, which again is not availabe from my end. I only have a copy of my fathers death certificate and a will copy.

Is there any detailsI can obtain with what I have?

Rgds,

Mrs. AMP

We are Christians, does the law permit the daughter-in-law and her brother to be a witness to the will when her husband(who is the son) to be the executor and beneficiary?

Rgds,

Mrs. MAJ

If you dont have survey number nor the date of registration of title deeds or the registration no of the title deeds, then its quite difficult on your part to know about these lands. Does not the will contain any recitals about those properties, their descripttions etc????

Anyone can be an attesting wittness to a will. Its not dependent on the religion of that person. However, in your case the case of your brothers is certainly lilttle bit weak one because the attesting wittnes herself is a party interested in the subject matter. So it would be little advatageous on your part, when the question of veracity of her evidence would come during trial of the case....

Anyways madam, though my prima facie suggests that I am a female, I am a male.... 

With Regards

Ambika Prasad Mishra

Sorry Sir, but i personally want to thank you for your very valuable suggestions. We are in the process of getting the certified copies from the sub-registrar's office. Thank you once again.

Rgds,

Mrs. AMP