Property based on the will
Property based on the will
Hello, I am meenakshi My mother had few acres of land, after her death the land was transferred to my father's name... My father has prepared will and in the will he has mentioned the property in the
2 years ago
A. Dear Client,
1. If your mother died intestate, then the property shall be transferred to her legal heirs ,i.e., her husband and children.
2. Your father’s will is not valid for ancestral property.
3. Yes, you can contest your father’s will.
Advocate Sinjari Bandyopadhyaya
Inheritance
My father wants to write a will where the right to property will be given to my sister and my sister will have to pay me the market rate of my share of the property whenever the will is executed. Is t
2 years ago
A. Dear Client
This transaction seems to be akin to selling the your rights in the property to your sister but if the property is self acquired then after the will you will not have any right in the property hence it may not be deemed as such. To secure your position you can make a simple agreement wherein she agrees to pay you some amount and in return you relinquish your rights, if any.
Will on a mortgaged property
The WILL executed and registered during the property mortgaged for Reverse Mortgage Loan. Does it give the rights for the spouse to further distribute the property by way of another WILL if the loan i
2 years ago
A. Dear Client
A mortgage does not transfer the rights of the property unless the mortgage deed is invoked for non-payment of the loan. Hence a person can make a will during the mortgage. A will can be made at anytime and the last/latest will is considered as valid.
About spouse - if she has the right in the property then she can make a will.
Regarding property transfer
Dear sir 30 year back my father purchased property on the name of grandfather ,now few year back he have given half of the ammount of new property cost purchased property for my each uncle on their
2 years ago
A. Dear Client
After the death of your grandfather that too intestate the property ahs become a joint ancestor property where your uncle will also have the right just like your father. It does not matter that your father had paid money for buying.
Society name transfer
My parents passed away and our house was willed to me by my mom before she died, I want to transfer the names of the house on the society register to my names but they are asking NOC from my brother
2 years ago
A. If you have the WILL in your name along with 2 witness, then the house can become legally yours. If the society does NOT agree then u will have to get the WILL - probated, but this is a expensive process.
Does a sub-registrar have rights to declare somebody as foster son?
Does a sub-registrar have rights to declare somebody as foster son? The background is that a person has declared himself as a foster son in the Will of my uncle though he is my uncle's brother-in-law.
2 years ago
A. Dear Client,
A sub registrar does not the power or authority to declare any body with any kind of status, His main job is to register and authenticate the documents which are brought forward for registration. He cannot declare someone as a foster son of somebody.
Advocate Sinjari Bandyopadhyaya
Unrelated person to family added as foster son in will
In a registered will which is a forged one an unrelated person to family had been added as foster son in will. Will it be accepted as legal in AC Court?
2 years ago
A. Dear Client,
If you are sure that the will is forged then challenge that will during the probate and bring all the facts and evidences to support your reasoning and that way you will be able to get this sorted out and your rights will be safeguarded.
Executors discretion in recovering his expenses?
The executor of the will (testator died in 2018) is old and not very legally-educated. Due to covid pandemic, things were delayed and a certain legal heir helped him file for probate of the will on Ma
2 years ago
A. Dear Client
The answer to this question can be varied depending on what is mentioned in the will about the expenses of this nature. And you are right that the legal and other expenses are to be recovered from the estate.
Forging will and then claim ancestor property as legal heir
If one manages to obtain land khatha's of ancestors based onforged will and then claim that he got it as a legal heir, is it acceptable legally?
2 years ago
A. No it is not acceptable and if proved in the court of law that he had done this by forging a legal document then we will be held criminally liable for fraud and forgery. He shall be penalized and punished under Sections 463, 464 and 465 of IPC. Also suppose that he submits the same forged document in court as genuine then he shall also be punished under Sections 191, 192 and 193 of IPC.
signature of witness required to probate a notarized will?
So I purchased a property owner left me a notarized will giving right for transfer, sale, mortgage & her legal heir (2 sons) have no intention for the property. Her 2 sons are the only witness signed
2 years ago
A. What is probate of will? It is nothing but authenticating the will by the hon'ble court so, when someone applies for probate of a will then the main work of the court is to check and declare the authenticity of the will hence if while applying of the witnesses have signed then it becomes easier for the court to prove the correctness of the will and thus it is required that while filing the application for probate the witnesses must sign the application.
Advocate Sinjari Bandyopadhyaya
