rabindra biswas (engineer) 19 May 2018

Will and succession

My paternal uncle vishwas passed away in pune in 2012 with a will which we registered 4 months after his death. He was unmarried till age of 78 without wife and children. The property is self-acquired by him. My father passed away in 2006. He has one brother (mentally unstable) and one sister in Kolkata. Will says pune flat goes to my mother and Kolkata flat goes to me which i need to sell and share value with my alive uncle (mentally unstable). The money in bank has to be divided among me, my mother, my uncle, uncles son. Nothing goes to his sister (my aunt). Now my alive uncle and aunt threathen me to avoid me from bringing the will to court and even got me beaten up by goons when i went to Kolkata. I have also come to know that they have transferred flat in Kolkata in their name illegally without informing me. I don't want to show will as they are threatening me. Should i go for succession certificate and also tell them that i will complain in Kolkata court regarding what how they acquired flat illegally. If i obtain succession certificate can it be revoked after a few years if i gather courage and bring the will out. Please help me as my relatives bully me as i have no father. Please help me and i will be grateful for the same. Thanks and regards..

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4 Replies

R.Ramachandran (Advocate) 19 May 2018

You are foolish. If you have the WILL, what prevented you from taking action based on the WILL? Why did you delay it for 6 years?

In the absence of the WILL, naturally your uncle and aunt, being the Class-II heirs are right in claiming the properties.

Even if you apply for Succession Certificate, your uncle and aunt being on the Entry-II, they will have preference over you who is at Entry-IV.

At least now, you should produce the WILL and stake the claim.

In any case, you have to get in touch with a lawyer and take steps.

Kumar Doab (FIN) 19 May 2018

Did you ever consult and approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/probate/civil matters and having successful track record ….. and worth his/her salt …for help and guidance and show the said WILL?

Is this WILL valid or registered?

Has your own lawyer commented on WILL?

If the WILL is not valid IT is not worth the piece of paper on which IT is written.

Kumar Doab (FIN) 19 May 2018

The WILL is likely to get contested and land up in probate court.

IT is mandatory to probate the (valid) WILL in areas of Calcutta, Bombay, and Madras.

Since you are all fighting and probate is not easy task in such situations you may look at perspective of Registered Family Settlement narrating the Will and all estate ( that is narrated in WILL and also not narrated in WILL) in it.

You may lose something but can get something easily and early.

Other Perspective; Approach probate court and wait…

LCI Expert Mr. Devajyoti Barman is from Kolkota and if you wish you may get in touch with him.

https://www.lawyersclubindia.com/top_members_list.asp

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