witness of will
witness of will
My late father executed a registered will in which my wife(spouse of beneficiary) signed as one of witness as asked by my father because one witness could not come due to out of of station somebody wa
8 months ago
A. Technically, any two people can be witnesses when creating a will who should be non-beneficiaries or their close relatives, and preferably younger than the will-maker/Testator in age. As per the Indian Succession Act, 1925, a beneficiary under a will cannot be a witness to the same and hence in the facts of your case, your spouse being a beneficiary cannot sign as a witness in the Will and the same needs to be signed/attested by two or more persons who are not beneficiaries. This is one of the m ...ReadMore
Beneficiary of Probate has passed away
My grandfather created a Will leaving behind property to my mother and her brothers, which is under probate. In the course of the probate, my mother passed away without a Will. I am the sole legal hei
8 months ago
A. Dear client,
If you have a sibling, you will have to obtain the settlement deed/ gift deed/ relinquishment deed from other legal heirs and produce it in front of the SRO for property transfer. However, as you are the sole legal heir without any siblings, then the property shall come to you. Please approach the Civil Court
what is the equivalent document of legal heir certificate
what is the equivalen document of legal heir certificate. since LHC is made by govt body for govt employee, how can the common man make similar document which can be used to show family tree in societ
8 months ago
A. Dear Client,
A legal heir certificate issued by the competent Civic Authority, i.e, Municipal Authority meets many purposes of general importance, like a certificate of Family Tree, in case of partition suit, transfer of ownership of motor vehicles, in the claim of benefits under social security laws etc. Any document by a lawyer notarized shall not be treated or considered as equivalent to LHC or a succession certificate. A succession certificate is required for acquiring the title of property ...ReadMore
witnesses does not appear before the Tahasildar
What happens when witnesses does not appear before the Tahasildar during the course of mutation of property on the basis of registered will . How many times they would summon the witnesses. What happe
9 months ago
A. Dear client,
After receiving a summons from court to appear as a witness and still, the witness fails to appear before the court then warrants with or without bail would be issued for arresting that person. This is applicable when the witness has failed to appear intentionally and does not have any lawful excuse for such absence or failure to appear in court. Along with this, the court can even attach the property of the person and also impose fine. On non-appearance of the witness, the case doe ...ReadMore
Can sole Successor in Wilk sell property with out consent from other heirs.
Can the Flat on mother's (if she is no more) name for which son is mentioned as sole successor in a will made by his mother be sold by son with out the consent of his sister and his father ? The will
9 months ago
A. Dear client,
Yes, the person mentioned in the will gets exclusive rights over the property. He need not consult or get the consent of anyone
About Will
My mother in law makes a wheel paint she was well condition before her death but win my mother in law is suffering from the illness she was the sometime unconscious with his illness condition that tim
9 months ago
A. Dear client,
If you can prove that your mother in law was not in the right state of mind mentally when she made the first will, you can contest it in court on grounds of it being signed while mentally incapacitated
daughter claiming property even after taking dowry
sir, my sister married in 2009 with dowry of 20 lakhs and gold when my mother is alive, in 2015 my mother died due to health problems without providing legal person on his property. during that time m
9 months ago
A. Dear client,
The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A of the Indian Penal Code.
Therefore, whatever your sister got during her wedding as "dowry" does not count as part of property.
As a legitimate daughter, she still therefore has a share in your mother's property
Joint property will
My father expired, now all ancestral property is jointly registered with all 3 children and mother, can mother write house to one child and the remaining half empty plot between other 2 children throu
10 months ago
A. Dear Sir,
Mother is entitled for only her share as such at the most she can write a Will bequeathing her share and not more than that.
Tenancy in entirety
I have read articles on your website about tenancy in entirety, but there is no reference to be found to this in Indian court judgments. Maybe I do not know how to look for it ... but need clarity abo
10 months ago
A. Hello,
As per the informatio you have mentioned hereinbelow i have elaboated what tenancy in entirety is :
Tenancy by the entirety refers to a form of shared property ownership that is reserved only for married couples. A tenancy by the entirety permits spouses to jointly own property as a single legal entity. This means that each spouse has an equal and undivided interest in the property.
In India Umbrella Mfg. Co. v. Bhagabandei Agarwalla, (2004) 3 SCC 178 the Supreme Court of India has held ...ReadMore
My father willed his share of partnership firm in my name
In his partnership deed it was not mentioned that the share can be willed , Is that will will be valid ? can be probated or it will be invalid. It is a registered will .
11 months ago
A. Good afternoon!
As per Section 4 of the Partnership Act, 1932, a partnership is result of an agreement and thus can not be succeeded mere by status of being heir. The heirs or legal representatives of the deceased will have a right of access to and to inspect and copy any of the books of the firm. The liabilities cannot be imposed on the heirs either.
Section 42(C) talks about ‘Dissolution of firm on the death of a partner.’ If there is no contract to the contrary then partnership automatica ...ReadMore
