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Q. Will

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Anonymous

posted 8 months ago

Q.Will
Dear Sir,
My husband(eldest son) and my father inlaw bought a plot in my father inlaw's name and constructed a house in 1975 on this land for family requirements.
My father inlaw expired in 1996.He had made a will in 1995, but could not able to get it registered.
Through will my father inlaw had given all his movable and immovable property to my husband mentioned that my eldest son had help him morally and financialy (to establishing to all his brothers and sisters) therefore my fatherinlaw giving all his property to him.
All the brothers and sisters of my husband are not ready to accept this will.
Now they filed a partition suit in district court.
What are option we have.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 8 months ago

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A. ) Dear Client,
Unregistered WILL will be accepted in the court of law provided it fulfills all other legal requirements.
Coming to the other options divide the entire property among the brothers and sisters/ all legal heirs to stay peacefully in future..
Shanti Ranjan Behera
Advocate

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Peeyush Kumar

Replied 8 months ago

Thanks sir,
Both the witness have given their affadavit in favour of Will.
One of my brother inlaw(my husband brother) is also ready give his evidence in favour of my husband he has given his affadavit in favour of Will.
Please advice.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 8 months ago

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A. ) U should approach court along with will deed . Defend it

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Anonymous

Replied 8 months ago

Dear Sir,
My grandmother was paralytic at the time when my fatherinlaw died.
And my husband,s two sisters and four brother togetter withdraw all the money from my fatherinlaw bank account and withdraw all jewellery from his locker without the consent of my husband.
They may also sell the shares holding of my fatherinlaw without the consent of my husband.
I also think they did not obtain any succession certificate till date.
Please guide further.

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Anonymous

Replied 8 months ago

Sir,
Our advocate advice us that we should file Probate suit with the orignal Will and we should also file the affadavit of of both the witness of the Will in favour of Will.

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 8 months ago

Use .be continuing it

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 8 months ago

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A. ) Dear Madam
Unregistered Will is acceptable but you must prove its gunuiness

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Anonymous

Replied 8 months ago

Dear Sir,
My grandmother was paralytic at the time when my fatherinlaw died.
And my husband,s two sisters and four brother togetter withdraw all the money from my fatherinlaw bank account and withdraw all jewellery from his locker without the consent of my husband.
They may also sell the shares holding of my fatherinlaw without the consent of my husband.
I also think they did not obtain any succession certificate till date.
Please guide further.

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Anonymous

Replied 8 months ago

Sir,
Our advocate advice us that we should file a Probate Suit with orignal Will and also file the affadavit of both the witness of the Will in favour of the Will.

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Responded 8 months ago

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A. ) Produce a copy of the will in the partition suit and defend it. Further if the property is situated at a place where will is probatable, please probate the will first.

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Anonymous

Replied 8 months ago

R.Madam,
I am from Saharanpur(Uttar Pradesh),Can I go for probate.
What is probate and how probate will help me.
Thanks.

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Anonymous

Replied 8 months ago

Dear Sir,
My grandmother was paralytic at the time when my fatherinlaw died.
And my husband,s two sisters and four brother togetter withdraw all the money from my fatherinlaw bank account and withdraw all jewellery from his locker without the consent of my husband.
They may also sell the shares holding of my fatherinlaw without the consent of my husband.
I also think they did not obtain any succession certificate till date.
Please guide further.

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Replied 8 months ago

If your father in law was a Hindu and the property lies in Saharanpur, the probate may not be necessary. Further, if the valuebles have already been withdrawn, you can only file for recovery.
Please produce the Original will in the Partition Suit to defend the suit. And your father can also file a case for recovery of the valuables which they withdrew clandestinely.

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Anonymous

Replied 8 months ago

Thanks for your guidence,
Yes my father inlaw wah a Hindu and our advocate also suggest us to file a probate case.

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Replied 8 months ago

If your advocate suggested you to file a probate, please do that as the first step. The probate is for authentication and enforcement of the Will.

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Anonymous

Replied 8 months ago

Thanks again.
My advocate also told me that we will file two case first will be thevProbate of will along with the orignal Unregistered Will and he also told me that he will also file affadavit of both the witness of the will alongwith Probate case..

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