Family dispute - My grandfather made me the nominee
1 year ago
My grandfather made me the nominee of his property and also left a will that only I will have the rights to sell of that property, also he had a few mutual funds of which all of them were transferred to my younger brother with me getting nothing out of it, now my younger brother is threatening me with lawsuits that he wants a part of the property also, please give me some advice to fight back
A.Dear Client,
The contents of Will always prevail and you may approach the concerned Civil Court to get a probate.
The contents of Will always prevail and you may approach the concerned Civil Court to get a probate.
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A.Dear Sir,
The contents of Will always prevail and you may approach the concerned Civil Court to get a probate as follows:
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Petition for Probate of a will under section 276 of the Indian Succession Act, 1925.
Format of Petition for Probate of a Will in a Civil Court.
For probate of a will, Petition under Section 276 of the Succession Act, 1925 can be filed in a Court. Section 276 of the Act is as under:
276. Petition for probate.
(1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating-
(a) the time of the testator's death,
(b) that the writing annexed is his last Will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner's hands, and
(e) when the application is for probate, that the petitioner is the executor named in the Will.
(2) In addition to these particulars, the petition shall further state,-
(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.
The contents of Will always prevail and you may approach the concerned Civil Court to get a probate as follows:
===============================================================
Petition for Probate of a will under section 276 of the Indian Succession Act, 1925.
Format of Petition for Probate of a Will in a Civil Court.
For probate of a will, Petition under Section 276 of the Succession Act, 1925 can be filed in a Court. Section 276 of the Act is as under:
276. Petition for probate.
(1) Application for probate or for letters of administration, with the Will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the Will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating-
(a) the time of the testator's death,
(b) that the writing annexed is his last Will and testament,
(c) that it was duly executed,
(d) the amount of assets which are likely to come to the petitioner's hands, and
(e) when the application is for probate, that the petitioner is the executor named in the Will.
(2) In addition to these particulars, the petition shall further state,-
(a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and
(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate.
(3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner's hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate.
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Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
A.To give opinion, it is necessary to know whether the Will had been probated or not . If in your State probate of Will is not mandatory then whether you have taken the necessary legal steps to give effect to that Will or not.
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A.Dear Client
If your grandfather had acquired the property through his money and effort meaning it is not an ancestral property then you are the sole owner of the property which has come to you through a will. Your brother can not do anything on this.
If your grandfather had acquired the property through his money and effort meaning it is not an ancestral property then you are the sole owner of the property which has come to you through a will. Your brother can not do anything on this.
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