Legality of Will from Father to daughter(UnRegistered will made prior to 1994)
Legality of Will from Father to daughter(UnRegistered will made prior to 1994)
My GrandFather made a will for few immovable self acquired properties in the name of my Aunt with proper lawyer consult and witness(not alive anymore) and this was done before 1995 (1984 )and hence no
2 years ago
A. Dear Sir,
If contents of Will not used for more than 12 years then it becomes suspicious documents and you can take benefit out of it.
CIVIL case related to Family property
A Mother given life interest on House to First son (Have No authority to sale property) till his death, After death the full rights goes to 2nd Son, Is First Son Can he Give lease how many years to ot
2 years ago
A. Dear Client,
As the life interest of the house is given to the first son, the lease can be given to other persons only till the death of the first son. There is no definite period being numbered to show.
Thank you
Advocate Sinjari Bandyopadhyaya
Will- property document number typed wrongly
in a will of a father delegating property to his son, the document number is typed wrongly. survey number, village all are correct. now, is it possible to rectify the error by family members(wife , da
2 years ago
A. Dear Sir,
If father is alive then he can execute a rectification deed otherwise you have to rely upon the other documents to establish that it was wrongly typed. It is not a serious lapse and it could be established by the contents of other document whose number was wrongly typed.
Advocate Sinjari Bandyopadhyaya
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.
Forging will and then claim ancestor property as legal heir
If one manages to obtain land khatha's of ancestors based on forged will in which he declared himself as foster son and then claims that he got it as a legal heir, is it acceptable legally?
2 years ago
A. If the forging of will can be proved, legal recourse lies for the same. However, as a general rule, an adopted son can claim property of the adoptive father under Hindu law, just as a biological son can. If you find the answer helpful, please rate me.
Advocate Sinjari Bandyopadhyaya
Witness to Will in India
I want to get my will witnessed by a married couple, i.e. husband and wife. Is there any restriction that the two witnesses to a will should be unrelated? Or is it ok for both to be a married couple?
2 years ago
A. Hi,
There is no such bar. Witnesses should be adults, i.e. above 18 years of age. While choosing the witness you must keep in mind that they should survive you as they may need to testify the Will after your death. Please contact a lawyer for further advice.
Please rate my answer
Thank You
Ayantika Mondal @ Prime Legal
Advocate Sinjari Bandyopadhyaya
CLAIMING NORMAL SUCCSESSION POST FIRST ABSOLUTE BEQUATH THROUGH WILL
My both parents executed registered will making absolute right bequeath to each other and then second bequeath (which is illegal) to my cousin in the same will. Both parents died now. Hence as a legal
2 years ago
A. Dear client,
It is very important for an advocate to see the will and the declarations made there in. If there is no such mention if your cousins name, then his taking away your property is absolutely illegal.
Contact an advocate as soon as possible.
Thank you
Judge asking for Legal Heir Certificate for childless widow
My Aunt (my father's sister) was deserted by her husband at very young age and earned her own livelihood by doing a job expired last year. In her will, she has willed her house in Jamnagar, Gujarat to
2 years ago
A. Hello Sir/ Ma'am
A legal heir certificate is thus a crucial ‘post-demise’ document to establish the relationship between the deceased and legal heirs and who the legal heirs are, in order to claim certain assets. But the legal heir certificate is required when the person dies without any will. Although if judge is asking for the same you could submit an affidavit Stating that their is no living legal heir of the deceased person.
Thanks
Please rate if you find this advice helpful.
Ayantika Mondal @ Prime Legal
property acquired as per WILL
My friend has a brother and sister and acquired properties as per his father's WILL,whereas one house was given to both the sons and one son want give his share to his brother after taking the money a
2 years ago
A. Dear Sir,
It may be transferred by way of executing a regular sale deed or a Gift Deed or any other settlement deed. In the said deed it must be clearly mentioned that sufficient consideration was given to him and accordingly such deed was executant.
Mother Gifting Away Her Father's property through Gift Deed
My Grandfather had 2 Daughters. He wrote a Will where he gave his house to his Eldest Daughter. To his second Daughter (my Mother) he just mentioned in the Will that she will just get to draw the Inte
2 years ago
A. Hi,
You have to contact a lawyer and discuss the facts in detail. After her death, her legal heirs acquire right on her property. They can transfer the property to whoever they want.
Please rate my answer
Thank You
Ayantika Mondal @ Prime Legal
Jagannath S Pawar
