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Anonymous

Posted 5 days ago

Description Dear lawyer Is it compulsory to execute a registered will? 1. If yes then what is the time line after death of testator.death of testator happened in 2018 July 2.If No then can the persons mentioned in the will use the will for its own benefit without going to court. 3. If there is any court fee? And who pays and what is fee for property value about 20Cr. Thanks Ashibhat

A. Dear Sir,
If it is registered Will the beneficiary has to get probate order from the District Court. Please consult local lawyer.
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Priya V

Posted 4 months ago

Dear Sir, I belong to Tamilnadu and have all my immovable properties in Chennai area. Now I am staying in Noida in a rental property due to my professional activities. I want to execute my personal will. Can I do here? Someone told that I have to go to Chennai to do it. Need little quick help.

A. Respected Sir,
Yes, Definitely you can execute the will from Noida.
what you need with you is -
All the documents of your properties.
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Adv Poonam Sapate
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Shreyash Mohta Experience: 1 Year(s) Kolkata
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Malabika Mitra Experience: 17 Year(s) North 24 Parganas
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Anonymous

Posted 4 months ago

What are the charges for making a level will? How much time it will take? If I make a will denying anything to my wife or children, can they still claim legel right over it?

A. Respected Sir,
1. It will take approximately 25000/- fees to register it.
2. It will take hardly 2 to 3 days for completion.
3. Your wife and children cannot claim if you make a registered will.

for more contact
Adv Poonam Sapate
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Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
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Anonymous

Posted 5 months ago

A have three sons and one daughter. A made will by which all property is to go to wife of A. After death of A, the property was transfered to wife of A say B. Can B make the will and transfer the same property received by her from her husband to anybody as per her wish and will ? (She wishes to give the equal property to only one daughter and one son. Is she can do so ?

A. Dear Sir,
B became absolute owner of property acquired by her under legal document that is a registered Will.
B can execute Will in favour of anybody without any trouble.

For full procedure contact me on mobile through Vidhikarya.
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Anonymous

Posted 5 months ago

My grandfather purchased a land site for 40*50 and later government added 7*50 land to my grandfather's property. Now the khata says my grandfather has 47*50 self owned property. My grandfather wrote a will stating I can claim his land 47*50 after his death. Will was written 8 years ago and my grandfather passed away a year and half before. My grandfather's elder son says I cannot register that land to my name since 7*50 was given by government and he is forcing me to give away the will and he claims the will is void. I am just 22 years old and i wish to know can I claim the property with the will or not? Please suggest something, it will be helpful.
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Anonymous

Posted 5 months ago

We are one sister and one brother, I'm married and parents are no more. My father issued will to my brother desiring to give his house to him. Now my brother submitted the will in court for probate and I filed an objection. My question is, if my death occurs, can my husband or son carry the case on ? or the case will automatically dismissed ?

A. Yes, legal heirs will substitute you in the court of law. However, i pray god you live long and your enjoy your property. Indeed.
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Anonymous

Posted 5 months ago

Dear Sir / Madam My deceased father made a Will that is unregistered, bequeathing cash and property to his children (2 sons and 2 daughters). However, my mother, who is in possession of the said Will, is showing favoritism toward my 2 sisters and wants to override and possibly not honor my father's Will. We (the sons) have a copy of the said Will. Assuming that, under the guise of claiming that my Dad's Will (unregistered but it is notarized) is lost or destroyed, can she create her own Will favoring my sisters (the daughters) and override our (the sons) rights and inheritance set forth in my Dad' Will? Thank you

A. Your mother can make a will of her share only. As on the death of your father [If there was a will, then it will be distributed accordingly] And as you are saying that the will is destroyed by your mother. Then in that case, your father is dying without a will [As no one can show the existence of the same] Therefore in such a case the property shall be divided among all according to their share.
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Shreyash Mohta
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Anonymous

Posted 6 months ago

Dear Sir, My mother made a will in July'2016 in which she has mentioned that here property, gold, FD's to be distributed equally among her 2 daughters ie Me & my sister. We are only 2 sisters & no brother.My mother passed away in Sept'2016 My sister also passed away in 2018. We didnt knew about the will earlier hence we made a notary in which we mentioned that me & sister's husband are the legal heir of the property. We submitted the notary to the society but they rejected,But now recently we found a will which mentions about distribution between me & my sister Now who will get the share of the property. Does her family ie her husband & their kids are eligible for share in the property? Please advice.

A. Dear Sir,
The property fallen to the share of your sister will be going to following heirs.
==========================================================================
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and th ...ReadMore
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Anonymous

Posted 6 months ago

Dear Sir My dad passed away March 2018. He left a Will in which he stated that he wished to distribute his cash assets (Fixed Deposits FD) after 12 months of his death in percentage figures of the total cash assets between his 4 children (2 boys and 2 girls). The total valuation of his cash assets (FDs) market values or FD details are not listed in the Will but only the percentage of distribution is stated in Will. For example, the distribution as per Will is as follows ( 40% for 1 son, 30% for 1 son, 15% for 1 daughter and 15% for other daughter) My mother is alive and is a joint holder (either or survivor) on those FDs with nominees listed as my brother and myself on those Fixed deposits. My mother has possession of the original Will. I and my brother have photocopies of my Dad's Will. My mother was never employed and did not earn any of that money in the FDs. However, she has liquidated all the those FDs in September 2018 (well before the 12 month wait period listed in the Will) and has distributed the cash money among my 2 sisters and herself in 33.3% between themselves. I and my brother has not received any payout or money from this distribution. This is money that was supposed to be distributed as per my Dad's will but is now being squandered between mother and two sisters. Is this even legal to do such distribution against Will just because she is joint holder on those FDs? Can this be taken up as legal preceding to freeze that cash assets distributed among mother and my sisters? I am from Mumbai and need help from a lawyer who can guide us. Please help. Thank you

A. You can file a suit and claim your share as per the terms of Will.
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Anonymous

Posted 6 months ago

Dear Sir My father has stated in his will about his gold assets from his safety locker at bank be accessed after 12 months of his demise in presence of his eldest son. I am the eldest son but my mother in my absence has opened the locker along with my sisters without my knowledge. What is my legal recourse here? Does this merit a criminal or civilian litigation? Thanks

A. You have the right to file both civil and criminal cases against the following
1. Bank
2. Mother
3. Sisters
Thanks
Shreyash Mohta
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