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Author Topic: Doing will of a property received via will from father  (Read 388 times)

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Offline aarti sharma

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Doing will of a property received via will from father
« on: December 27, 2017, 01:46:01 AM »
Hello Experts,

My Grandfather has constructed a property for which he has executed a registered will in favour of my Father, Uncle and two buha's each having a separate part of the building.

My uncle has executed a will with the consent of his legal heirs (i.e. wife, 2 son's and daughter with there sign as witness in the will) in my favour and after his death we have got the will from legal heirs and we have registered that will with uncle's wife and elder son as witness and also applied for Letter of administration in court with legal heirs consent.

Need your advice to make sure this will cannot be challenged by legal hiers in future and things to do to make sure i can sell this property without any issue.

Any advice or suggestion would be highly appreciated.



 


Offline kalaskarkk

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Re: Doing will of a property received via will from father
« Reply #1 on: December 27, 2017, 02:52:21 AM »
1. Please take release deed from all the concernedv in respect of property which you acquired by Will.

2. This is the only way to save your property. But Indian Courts does not prevent any person to file suit and get ex parte not to alienate injunction.

3. If such thing happens then you may produce release deeds and get the injunction order vacated.
Regards:

Kishan Dutt Kalaskar
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Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline aarti sharma

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Re: Doing will of a property received via will from father
« Reply #2 on: December 27, 2017, 03:48:26 AM »
Hello Kishan Dutt Kalaskar,

First of All thanks for the prompt reply on my query.

As per my understanding, release deed can be done between co-owners of a property but as per WILL  My uncle has made me clearly universal legatee of his property in the will and for assurance, he made legal heirs to sign the will as a witness so that they cannot refuse the validity of will in future.

After the death of my uncle, I have presented the WILL for registration and legal heirs of uncle were presented as a witness for registration.

If you think release deed can be done, can you please help me with more details on how it can be executed.




Offline aarti sharma

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Re: Doing will of a property received via will from father
« Reply #3 on: December 27, 2017, 04:08:31 AM »
Hello Kishan Dutt Kalaskar,

First of All thanks for the prompt reply on my query.

As per my understanding, release deed can be done between co-owners of a property but as per WILL  My uncle has made me clearly universal legatee of his property in the will and for assurance, he made legal heirs to sign the will as a witness so that they cannot refuse the validity of will in future.

After the death of my uncle, I have presented the WILL for registration and legal heirs of uncle were presented as a witness for registration.

If you think release deed can be done, can you please help me with more details on how it can be executed.

As per WILL legal hiers do not possess any share of the property.

Offline advjaibansal

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Re: Doing will of a property received via will from father
« Reply #4 on: January 06, 2018, 06:20:06 AM »
Dear Aarti,

There is registered WILL having the signature of the legal heirs of the testator of the WILL. Please don't worry, it cannot be challenged. Further as you have stated that you have already filed a petition for letter of administration of the property as per the WILL. Once the letter of administration is issued, you title in the property will be perfected.

Regards,
JAI BANSAL, ADV.
Supreme Court OF INDIA
New Delhi, 9868566649
bansal.jai@gmail.com
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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Re: Doing will of a property received via will from father
« Reply #4 on: January 06, 2018, 06:20:06 AM »

 

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