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Author Topic: One Legal Heir nt giving consent? other two heir move for Succession Certificate  (Read 779 times)

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Offline Manz

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Father Made a WILL in Delhi dividing his property in two legal heirs eg two sons out of three eg not including his wife but without witness. Later on death bed he wanted to change his will and brought this in notice of all his closest near relatives. Later he died, WILL could not be changed.

1. Is there any sanctity of that WILL if two legal heirs are not ready to accept as father last wish was to change and divide the share equally among three legal heirs?


Among the 3 legal heirs if two willing for succession Certificate and one not giving his Consent
 in this situation

 1. What is suggested ?
 2. Can two move to court for Succession Certificate even if third legal heir not willing ?
 3. Can the witness of all the near relatives work/ produced before the court ? as father had expressed his strong desire to change his WILL and divide among three?

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Your statements are like JUMBLE WORDS.

First, If the WILL is not signed by two witnesses, then there is no scope of getting PROBATE.

Second, The Succession Certificate is different to PROBATE. Succession Certificate is being granted for movable property.

Third, if the WILL is invalid as said above, then your mother,your siblings and you will get all your father's property equally i.e. 1/4th undivided share each.

Fourth, Succession Certificate can be filed by anyone of  his heir, but general summons is required to be served and all the movable property i.e. cash, shares, etc etc will be divided equally among all the heirs of your father.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Manz

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Thanks a lot Adv.Amarnath.  My lots and lots of best wishes for you for your prompt reply.

I am sorry that I could not place this case clearly as you felt jumbled words

The facts are :
Will was made on plain paper (divided in two parts) but no witness upon it,
Father wanted to change it (had expressed it before death to all his near n close relatives)
and divide it into three parts

Now how can all the legal heirs claim it as per law :

as its a bad and invalid WILL
Succession Certificate also implies for movable properties

So under this Case
which law follows and the procedure for getting it divided into equal undivided three shares each?

Submitted for your kind advice.

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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There is always a procedure in law for each and every solutions. I cannot disclose the procedure in this open forum due to my professional reasons. You can contact me for further advice and clarification.

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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