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Author Topic: SHARE IN PROPERTY TRANSFER BY WAY OF WILL (FAMILY PROPERTY MY FATHER)  (Read 404 times)

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Offline HARESH

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SIR

I WANT LEAGAL ADVISE ON MATTER RELATED TO OUR FAMILY PROPERTY IN GUJRAT, JAMNAGAR DISTRICT.

PROPERTY IN NAME OF MY FATHERS BROTHER AND SISTER. MY FATHER HAVE TOW BROTHER ONE ELDER AND ONE YONGER. PROPERTY IS IN NAME OF YONGER BROTHER AND SISTER WIDOW

MY FATHER NAME IS NOT IN PROPERTY CARD. MY FATHER EXPIRED IN DEC 2014. MY FATHERS SISTER WHO STAY WITH US SINCE LONG HER NAME IS IN OUR RATION CARD SINCE APRIL 2013. IN APRIL 2013 SHE INSIST US TO TAKE HER NAME OUT AS SHE WANT TO STAY IN GUJRAT AT OUR NATIVE PLACE IN JAMNAGAR AND SHE GET BENIFIT AS WIDOW OVER THEIR. SO WE HAVE REMOVE HER NAME FROM RATION CARD IN MUMBAI MALAD.  NOW I COME TO KNOW THAT MY FATHERS ELDER BROTHER HAS MADE ONE WILL WHICH IS SIGNED BY MY FATHERS SISTER RELATED TO TRANSFER OF HER SHARE IN NAME OF MY FAHTERS ELDER BROTHER IN NOV 2013. SHE ALSO EXPIRED IN JAN 2016. MY FAHTHERS ELDER BROTHER HAS GIVEN PUBLIC NOTICE AS ON 17.03.2016 IN ONE LOCAL NEWS PAPER AAJ KAL OF JAMNAGAR GUJRAT THROUGH ADVOCATE RELATED TO OBTAINING PROBATE CERTIFICATE ON BASIS OF WILL ON 16.03.2016 IN WHICH GIVEN DATE FOR OBJECTION TO FILE UP TO 02.05.2016. AS I RESIDE IN VASAI, THANE, MAHARASHTRA AND MY FATHERS YONGER BROTHER RESIDE IN SURAT GUJRAT THIS NOTICE NOT CAME IN NOTICE OF US. NOW ELDER BROTHER PURSUING YONGER BROTHER TO SIGN ON PAPER AND GIVE APPROVAL.  IN APPLICATION TO JAMNAGAR COURT FOR PROBATE  MY FATHERS ELDER BROTHER HAS WRITTEN  THAT MY FATHER AND MOTHER BOTH EXPIRED AND IN THEIR LEGAL HIER IS HE HIMSELF, HIS SITER AND YONGER BROTHER ONLY. MY FATHER NAME IS NOT MENTIONED IN IT AS LEGAL HIER.   SO PLEASE GUIDE ME THAT CAN I OPPOSE THIS CASE AND HOW TO REPRESENT MY STATUS IN ABSENCE OF MY FATHER.  ALSO NOTE THAT MY FATHERS SISTER STAY WITH US FOR MOST OF YEARS SINCE 2013 APRIL SHE MOVED AND STAY WITH ELDER BROTHER ALSO AFTER THAT SHE UNDERGOES 2 /3 TIMES OPERATION FOR WHICH MY FATHERS ELDER BROTHER HAS COLLECTED CASH FOR TREATMENT AND ALSO OBTAINED DONATION FORM OUTSIDE. IN PROBATE APPLICATION HE HAS ALSO WRITTEN THAT BEFORE DEATH OF SISTER SHE STAY WITH HIM AND ALL EXPENSES BORN BY HIM ONLY.

Offline advmisthi

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Since you have an objection to it.
File to contest the probate immediately.

What are u waiting for
Adv.Misthi Mukherjee
I am here to help, Shoot your legal problem to me, I promise I will help

Offline HARESH

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trhanks for your reply

but what can I have to do which kind of Objection I have to file and where I have to file it.

Property as I have stated above is of Gujrat Jamnagar - Will done at Same Place jamnagar - For Probat also application filed in jamangar 21.06.2016.

What i Have to write and to whom it to submit advocate who has done all this procedure.

Offline HARESH

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Any one can suggest what step to take in above matter

Offline adv.amarnath

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Your father has only rights to put objection from grating probate in favour of his brother. Immediately, ask you father to appear in the said probate case through lawyer and file objection in the said case. Otherwise court will grant probate ex parte. 
Regards,

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

 

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