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Author Topic: WIll law  (Read 320 times)

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Offline mayank

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WIll law
« on: April 18, 2016, 09:56:57 PM »
My grandfather was died in 1996. Recently (2015) my father and uncles had dispute about the property which my grandfather owned. Now we come to know that one of the prime property on my Grandfatherís name was transferred to one of my uncleís name and when we contacted the court (all my fatherís Brother & Sisterís) we come to know that the property was transferred one of my uncleís name on the basis of Will. I have few questions now.
1) As none of my fatherís brother & Sister is aware of my Grandfathers will after his death, Is the decision made by court without contacting other sonís & daughter is valid ?
2) In the will only one property out of 6-7, none has the correct description except the one which was transferred to my uncleís name (means no address and no land mark identification), is it correct as per the Will law ?
3) The properties which are on my motherís name and auntyís name, which my father and uncle bought from his earning are also identified in will as my grandfatherís property ?
4) Their is no identification of any property with their current market values ?
On the above points, Is the will is acceptable as per Indian law ?

Offline advJitu

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Re: WIll law
« Reply #1 on: April 18, 2016, 10:43:35 PM »
Without going through the actual will.
It is very difficult to comment based on your understanding.

If the court has validated a will.
That has to have statutory backing.
Advocate Jitu, Champion -
Company law expert from Mumbai City

Offline adv.amarnath

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Re: WIll law
« Reply #2 on: April 20, 2016, 07:40:47 PM »
1) As none of my fatherís brother & Sister is aware of my Grandfathers will after his death, Is the decision made by court without contacting other sonís & daughter is valid ?
Ans: Probate cannot be issued without proper service of intimation of legal heirs. Definitely paper publication was made. Please check the case record with certain court fee.

2) In the will only one property out of 6-7, none has the correct description except the one which was transferred to my uncleís name (means no address and no land mark identification), is it correct as per the Will law ?
Ans: It is not possible to answer right at this moment without seeing the contents of WILL but if court has granted probate in respect of that property then definitely court had came to conclusion of property. Your father should have made enquiry in this regard after your grandfather's demise.

3) The properties which are on my motherís name and auntyís name, which my father and uncle bought from his earning are also identified in will as my grandfatherís property ?
Ans:Your father required to challenge the probate without any delay.

4) Their is no identification of any property with their current market values ?
Ans: It is not believable that court has not valued the property.

On the above points, Is the will is acceptable as per Indian law ?
Ans: Without seeing a copy of WILL it is not possible to answer but at least I can say that only those part of the WILL be probated which are practically executed and rest will be  declared in valid.
Regards,

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

 

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