Execution of will Execution of will

6 years ago

I have one house of 3 floors made by my grandfather. As per the will the 1st and 2nd floor is nominated for my father and ground floor for my uncle. At present I am residing on top floor with my widow mother and my uncle on 1st floor. Due to our increasing needs we need the 1 st floor as per the will. The staircase, lobby and entrance is common for all as per the will. If I filed a case, is it possible that we can get the separation as per the will created by my grandfather.

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your case You will get the same decreed in your favor if you file an execution case.
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Ambrose Leo

Responded 6 years ago

A.Yes. as per the will & Probate clause and conditions It is better to consult a property lawyer to do the needful quickly.
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Mohit Shukla

Replied 6 years ago

How much time generally it takes to complete the entire procedure.

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Mohit Shukla

Replied 6 years ago

Approximate expenditure also please mention.

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Ambrose Leo

Replied 5 years ago

You have not reported the place & Jurisdiction. In Metro 3 to 6 months.Expenditure Rs.20,000/-Rs.50,000/- depending upon the place & the Council & Urgency.

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Mohit Shukla

Replied 5 years ago

The case is at Allahabad...to be filed in a District Court.

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Ambrose Leo

Replied 5 years ago

Expenditure Rs.10,000 /- to Rs.20,000/-and 2 to 4 months depending on the council & time limit of the case.

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Mohit Shukla

Replied 5 years ago

Sir in that will my grandfather also mentioned about his other two children one elder son and daughter. They don't have any share in the parental property as per the will.

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Mohit Shukla

Replied 5 years ago

Do they interfere if I file a case against the younger brother of my father.

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Ambrose Leo

Replied 5 years ago

Yes, any challenge or dispute against will involve legal complication & disputes,better to consult a property Lawyer quickly to safeguard the property.

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Mohit Shukla

Replied 5 years ago

But in that will he gave a clear opinion that he helped his elder son on a monetary basis to own a house for himself, that's why he does not have any right in this house, and for her daughter that she already married and helped financially. It is clearly mentioned. Do still they can put objection

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Ambrose Leo

Replied 5 years ago

Yes.

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Mohit Shukla

Replied 5 years ago

So how we can get rid off from such problem if ma

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Mohit Shukla

Replied 5 years ago

If my father's elder brother and daughter creating intentionally

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Ambrose Leo

Replied 5 years ago

It is their right .

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NILANJAN CHATTERJEE

Responded 6 years ago

A.YES, go for probate of the will before the court.
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Mohit Shukla

Replied 6 years ago

How much time it will take for completion of entire procedure.

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NILANJAN CHATTERJEE

Replied 6 years ago

It is hard to say as there are several process which needs to be done while executing the probate of the will. You need to pay the highest duty money of the court. Thus, taking probate means as good as purchase.

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Mohit Shukla

Replied 6 years ago

My grand father have another 2 child 1 elder son and 1 daughter, and it is clearly mentioned in a will that they don't have any legal right in this house. So will they do have any interference for such property.

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Mohit Shukla

Replied 6 years ago

Kindly suggest the approximate expenditure for such issue.

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NILANJAN CHATTERJEE

Replied 6 years ago

No they won't have any right in that since it is a will. But they will give objection and the case will be a contested matter. Exact expenditure is very hard to say as it depends upon lawyers whom you will engage.

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Mohit Shukla

Replied 6 years ago

Is the court will ask them to represent themselves for their opinion regarding this property

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NILANJAN CHATTERJEE

Replied 6 years ago

The court will send them a summon to ask whether they have any objection regarding the will? Mainly what the court will see that whether the will made is a good will or a false fabricated will

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Mohit Shukla

Replied 6 years ago

So if my grandfather is stating that he had given a land to his elder son by purchasing and to his daughter some money, still the court will ask them
to show their interest.

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NILANJAN CHATTERJEE

Replied 6 years ago

Yes the court will just to check whether the will is false will made by you for your self interest or has actually been made by your grandfather

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Mohit Shukla

Replied 6 years ago

If they say that they have objection intentionally, so what court will do.

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