is an affidavit before first class magistrate enough for succession
2 years ago
My bachelor paternal uncle made a hand-written will favoring me as his successor. When he died, he had only his brother i.e. my father and three sisters. He had his own house in Howrah district and paternal at Purba Bardhaman District. He had some mutual fund. And nothing in any other district/state. Next year one sister died. Due to monetary problem this will is yet to get probated. Certainly 2 days back my father got a copy of an affidavit made before a first class magistrate of Alipore (24 parganas) court by the dead aunt's son & daughter claiming his property. My question is -- 1. If such an affidavit is enough to claim his property? 2. If Alipore court first class judicial magistrate can give them any such affidavit on Rs. 10/- non-judicial stamp paper? 3. Shall I have to do anything now or may wait? 4. If the validity of Will has any expiration date?
The affidavit is valid, it establishes a legal title in their right to inheritance. The will does not have any expiration date. You may further apply for probate, which gives you official proof of will to avoid any future inconsistency.
Thank you!
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
2.Yes,that is legal.
3. Without applying for probate,if you wait,then assuming that there is no Will,the legal heirs and heiresses of the deceased person will mutate their names in the Record of Rights by virtue of the Legal Heir Declaration .
4.Will doesn't have any expiry date but if you through your silence admit the claiming of intestate Succession on the part of those legal heirs and heiresses,then you through your conduct give up your right to make that Will probated.
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