icon Justifying the registered will by the father

we are 3 my father, brother and me(female) partitioned our family properties equally. Later my father made a registered will in favor of me for his share of properties . My husband and my father's own


A. Dear Client,

You may contest your brother in the court and prove that the will is right as court will consider the intention of my father and content mentioned in that will also if your father had died intestate then also you’ll have equal right in his property.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Selling land which comes under a survey number not mentioned in will

In my father's will it has been written that land under Survey no.7 can be sold to my elder brother. But he has sold land belonging to Survey no. 7/2 which belongs to us. Can we claim this in court to


A. Dear Sir,
Yes, boundaries will prevail as such the said sale may be cancelled if you putforth your case scientifically.

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icon 27 Old Will Declared 9 Years back and submitted 4 Years back in the court.

My father in-law is 80 years old and his father died in 1995, Father of my father-inlaw executed his last Unregistered Will in 1994 in favour of my father-inlaw. In 2013 two brothers and two sisters o


A. Dear Sir,

Please get the procedure of probate as follows:
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What is Probate of a Will and why is it important?
Will is the legal declaration of a person's intention, which he/ she wishes to be performed after his/her death and once the Will is made by the testator/ testatrix, it can only be revoked during his/her lifetime.
'Probate' means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of adminis ...ReadMore

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon regarding gift deed for temple

We have small land and out of 10 members 8 members are come to decision to give our partitions to temple with gift deed and this land is ancestral property so pls advise how to proceed is it possib


A. Dear Sir,

You eight people may execute gift deed in favour of temple and give the possession of your shares. Then nobody come forward to support the remaining two persons who are unwilling to gift the property.

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icon Will - Different Wills for different class

CAN DIFFERENT WILLS FOR DIFFERENT CLASS OF ASSESTS FOR DIFFERENT BENEFICIARIES BY ONE/SAME PERSON BE EXCUTED


A. Dear Client
For the convenient administration of his estate, the law permits a person to make more than one will in respect of different items of his property and to appoint different executors in respect of different parts of his property.
Thanks
Regards

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Witness challenging the will

Sir My father bought a property in 1986 in the name of his father through his own money. A will was written by my grandfather in 1989 in favour of my father and my uncle is a witness to the will. One


A. Dear Client,
As the will is registered then your uncle cannot challenge the will as it must be registered with ssub-registrar’s credentials too.

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icon Consequences of Challenge a will (Self acquired property)by daughter for share

Hi, According to Indian Constitution, if a person bequeaths(will is also registered under district registration office) property and gives equal share to his sons but does not give any share to his d


A. Dear SIr,
Can a registered Will be challenged in the Indian Court?

In India, the concept of Will has its deep-rooted origin for a very long time; its importance grows with the feeling of transferring family wealth and business from one generation to another with ease. A Will is a declaration by way of an established instrument wherein a person disposes of their property which shall take effect after their death and which to its primary nature is ambulatory and revocable during that person’s l ...ReadMore

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icon 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


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.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon authority to re-write or change the Will by the successor

My father has written a property will on his self-acquired property. but now he is no more. He has mentioned that the mother is the next successor and after her time it will be divided equally among c


A. Dear client,
Once the will is made and signed in presence of witnesses then it becomes effective. However, if it is registered, which is not infact mandatory to do so , but if it is done then, the wish of your father can not be changed , no matter the same property is transferred as per his will. Even though if she gets the right over such property. She can not change as per will .
But ,if such will is not known and in knowledge of ur sisi then and the will is not registered then, in tha case af ...ReadMore

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Latest Response 2 years ago
Sanjay Kumar Jha

Sanjay Kumar Jha

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Will on property

My father willed his property to me. However while he was alive he sold the property and the sale proceeds were transferred to his bank account. Later he passed away. Based on the will for property ca


A. Dear Client,
It depend on the terms and condition of will. if there is no share of bank account money in will then you can claim your part but if there is bank account money division then you need to share as per the will.
Thank You.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya