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.
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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

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 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 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


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.

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icon 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


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.
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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon 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


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.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon 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


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.
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Please rate if you find this advice helpful.

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Latest Response 2 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon 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


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.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon 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


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.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon Will of a deceased person

In a family, there 3 girl child and 1 boy. When they grew up, the mother is took off by one of her girl child. So that, the mother make a will to give her land to the one who took care off her. When m


A. Need more information on how the land was acquired by the mother then only it will be possible to provide a proper answer on this question. In general if there is a will for a self acquired property the mother can transfer the land that way to one of the child and then probate of the will through the court has to be conducted.
If there is no will then all the children will have equal rights in the property.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal