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Valliiammai (staff)     03 March 2013

Will

Dear Sir,

               My grandfather has 2 sons(I am daughter of 2nd son) and 2 daughters. As my grandfather gave away lot of wealth to his daughters who are married before 1965 , he wrote a unregistered will to transfer two of his "self acquired" properties to be equally divided between his "sons only" and to transfer Rs:25,000/- to each of this 2 daughters.He wrote will in 1998 few months before he died..Now the 2 sons wish to get their property and explained about the will to the 2 daughters and gave them a cheque of 4 lakhs each.The 2 daughters of my grandfather are not accepting the money and want a share of the property and are refusing to give NOC and agree to family settlement. The 2 sons of my grandfather wish to get patta for the property and applied for order of probate. The 2 daughters have filed affidavit of objection by falsely quoting that the will had been forged and that probabte had not been filed within 3 years (from 1998) and hence is barred.The actual cause of delay in probate is the 2 sons were staying in same house and didnt see the necessity to get probate.Now the 2 sons wish to selll the property to meet their financial needs.The testimonies to the will are old (around 85 years).

My questions are

1.Is the will valid only for 3 years from the date the will has been written (1998) ?

2.Please suggest further course of action.

 

Regards,

Valliammai



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