Will registration
Will registration
Is it mandatory to get the will registered withoutfail. What incase of old wills written in 2010... (Visakhapatnam, Andhra Pradesh)
2 days ago
A. Dear client,
In India, it is not mandatory to register a will; a will can be valid even if it is not registered.
will registration is not needed, along with some key considerations regarding the execution and validity of wills:
Why Will Registration Is Not Mandatory
Legal Validity Without Registration:
In India, a will is considered valid as long as it is executed in accordance with the provisions of the Indian Succession Act, 1925. This includes being signed by the testator (the person maki ...ReadMore
Illegal unlawful construction on subjudice property Probate of Registered Will
Sir/Madam, The Opposite party is advocate in the same court where probate of registered will is pending before the Honorable court ADJ 3rd since 2009,now opposite started demolished of the house and n... (Gaya, Bihar)
6 days ago
A. Dear Client,
Regardless of the nature and subject matter of dispute when it is sub-judice before a Court of law, the status quo of the subject matter stands unaffected and unaltered. In the given scenario, a civil suit seeking an order of injunction under Order 39, Rule 1 of CPC shall be filed against the OP before the jurisdictional Civil Court to stop the unauthorized demolition of the property and bring the matter to the notice of the Court of the ADJ, 3rd where the application for probate of ...ReadMore
Subesquent Constrcution in the Will Executed
Dear Sir, Will Executed in the name son in 2012, Later in 2013 A Building constructed in the Property , Can daugther is eligible to claim the ownership of Building , If yes is there any cases Judgment... (Kannur, Kerala)
1 month ago
A. Dear Client,
If the daughter is made beneficiary of the Will, she can claim her share in the property as a matter of right. Even she can challenge the validity or veracity of the Will on the grounds of undue influence, coercion, or fraud in making the Will before the Court. When the language of the Will does not match with that of the testator and is uncertain then the validity of the will can be challenged. Even, if a sibling thinks the deceased made a will when not mentally capable of doing so ...ReadMore
Will deed
My father expired and he has registered a will to my aunt's son. My doubt -is that possible to register the land and property to his name without legal heir certificate... (Khammam, Andhra Pradesh)
1 month ago
A. Dear Client,
In the case of testamentary succession, a legal heir certificate has no role to play and the wishes of the testator of the will shall prevail. The first step in transferring a property to a beneficiary as per Will is to either get the will probated or get letters of administration (LOA) from the Court having jurisdiction over the property left by the deceased. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries and conclusive proof ...ReadMore
Vidhikarya
FD as Nominee
Father put his elder son as a Nominee in Bank FDs. Elder son taken FD amount after his demise and spent for his father Medical and his final ritual expenses. Remaning amount he had distributed to some... (Chittoor, Andhra Pradesh)
2 months ago
A. Dear client,
In your case, the elder brother is accused of misusing funds based on a copy of a will. The first step is to question the validity of the will since it is only a copy. Without the original, it may not be legally binding. The elder brother should get legal advice to challenge the authenticity of the will and argue that it is not valid without the original document. To defend himself, the elder brother needs to show clear records of how the funds were used, including receipts for med ...ReadMore
Vidhikarya
Original WILL
We are 2 brothers. I got the copy of the WILL after our father passed away and suspicious that other brother may be having orginal WILL. But he is denying that he dont have a WILL since some of the it... (Chennai, Tamil Nadu)
2 months ago
A. Dear Client,
If your brother is denying to have the original will, you can file a probate petition before the court of law with the copy of the will you have. If there is no evidence to prove that your brother has kept the original will, try to gather witnesses who can testify regarding the existence of the will. You may undergo a probate process for the will. A probate is a copy of a Will, certified by the court, and is conclusive evidence that the Will is genuine. If you are sure that your bro ...ReadMore
Vidhikarya
Original WILL not found but copy of WILL is there
Is it copy of WILL is legal. We can transfer the properties or other actions based on the copy of the WILL... (Chennai, Tamil Nadu)
2 months ago
A. Dear Client,
A certified true copy of the will can be treated as secondary evidence under applicable laws. A copy of will does not guarantee authenticity of the will. It must undergo a probate process. A probate is a copy of a Will, certified by the court, and is conclusive evidence that the Will is genuine. A copy of will shall not be sufficient to transfer properties. We hope that our response is helpful to you.
Vidhikarya
Extra-marital Mess
Our father's second wife, whom he married 21 days after our mother's death, produced a will upon his death. The will has her son from a previous marriage as the main witness and has signed it as son o... (Ludhiana, Punjab)
2 months ago
A. Dear client,
The will presented by your father's second wife, featuring her son from a prior marriage as the primary witness, presents notable legal issues. The witness's potential conflict of interest, his name change, and the false representation of his parentage, along with the questionable timing of your father's remarriage and the drafting of the will, indicate possible undue influence and deceit. Moreover, if essential legal procedures, such as valid witness signatures and proof of your f ...ReadMore
Vidhikarya
What are Granddaughters rights on grandmothers property
My grandparents has a self acquired house registered in my grandmothers name and later my grandfather had died. They have 3 children (2 men and 1 women) of which 2 men (my father and his brother) had ... (Warangal, Telangana)
3 months ago
A. Dear Client,
An owner of a self-acquired property gets an unfettered right to dispose or bequeath his or her said property as per his or her wishes. Nobody can claim a share in the said property as a matter of right. If the property owner dies intestate, i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. When your grandmother bequeaths her property to her grandson through a registered Will, granddaughters have no right to claim a share ...ReadMore
Vidhikarya
Will for intellectual property
I have some copyrights and trademarks few of which have been created with my husband's cash. We are in the middle of a separation- so i want to know if he can claim that i transfer these to him in the... (Bangalore, Karnataka)
4 months ago
A. Dear Client,
In India, inheritance issues are very complex and wills are subject to challenge by family members. The will may be challenged on the grounds that it was improperly executed or on the genuineness of the signatures of the executor or witnesses. In India, the court may refer to the family settlement agreement or may follow the laws of inheritance. “Thus, in family disputes, where the IP is devolved upon more than one heir, specific covenants should be drafted to divide the IP, the n ...ReadMore
Vidhikarya
