When a Will can't be located, you should first search the deceased's property and go through their paperwork. Even if you don't find the Will itself, you may find some information about their solicitor, a receipt for the Will or even a copy of the document. If you found this helpful, please rate us.
The nominee will receive the full amount from the post office, unless it has been specifically mentioned in the will that the other beneficiaries can also claim a share of the same.
The best thing to do is to approach your grandmother and settle the matter with her.
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He can deposit a copy of the same with the Sub-Registrar's office stating that this is his final and binding will. If the NRI brother tries to force him to change it, he can be booked for criminal intimidation under Sections 503 and 506 IPC.
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In case of will, the property will be distributed according to the terms of the will.
If your mother dies intestate, under Hindu law, her children, children of predeceased children and her husband have an equal right to the property. In their absence, the property is inherited by other heirs as per order of preference.
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In such case, you can approach the court, and court may appoint the guardian.
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You can directly process the mutation of the said property obtained through will by obtaining a noc from your mother, then the property will be listed on your name
Probate means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the estate of the testator. A probate can be granted only to the executor appointed under the Will. And probate is necessary for distribution of property, however, court fees would vary depending upon situation.
You can contest the will on the grounds that your Nana was of unsound mind at the time and as such, incapable of making such a decision when framing his will. If this cannot be proved, then you may file a suit for partition, but the will shall make for compelling evidence in your Mama's favour.
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