Property distribution
In our grandfather grandmother property, both had written there legal hires, my father n my father's elder brother are legal hires in their vill but unfortunately my father died up accidentally withou
1 day ago
A. Dear Client,
According to Hindu Succession Act, the property inherited for four or more generations through paternal ancestors without any divisions is considered as ancestral property. The grandchildren have equal share in the property of their grandfather. So, in this case, you and your brother, both are entitled to share in the ancestral property. The legal heirs or coparceners cannot get a share in the ancestral property until there is a partition decree from the Civil Court. In the given sc ...ReadMore
Brother unwilling to give copy of their late mothers Will to Sisters
Hello May I please ask your kind self a question. A lady is blessed with a son and 2 daughters in Gujarat. Son resides in Gujarat, while both the sisters are married and stay in Delhi. While the la
6 days ago
A. Dear Client,
Both registered and unregistered wills are subject to similar challenges. Key grounds for challenge include improper execution, doubts about the testator's signature authenticity, or concerns regarding witness signatures, even if the will is registered. Succession laws impose no time limit for challenging a will, allowing legal heirs to contest it at any point based on grounds outlined in the Indian Succession Act, 1925. Challenges can typically be made within 12 years of the test ...ReadMore
Unregistered will without signs of witnesses
My grandfather made a will in name of my father the will is not registered and also there is no sign of any witnesses but he made a registered power of attorney in name of my father to fight the ongoi
3 weeks ago
A. Dear Client,
Without the signatures of witnesses and registration, your grandfather's Will in favor of your father becomes invalid under the law. Additionally, the Power of Attorney becomes ineffective upon the executor's death. As per the law of intestate succession, the surviving legal heirs of your grandfather are entitled to an equal share of the property. To obtain their individual shares, the legal heirs must file a partition suit in the Civil Court with jurisdiction over the property.
can a BENEFICIARY in the will be appointed as an executor
can a BENEFICIARY in the will be appointed as an executor?
3 weeks ago
A. Dear client, yes a benificiary a will can be appointed as an executor under Indian Succession Act, 1925.
Change religion
I am from Hindu religion but now I am interested in Islam religion and I want to change from Hinduism to Islam religion. So I want to get this changed legally. But I want to get this whole process d
1 month ago
A. Dear Client,
Freedom of religion is one of the fundamental rights guaranteed by Articles 15 and 25 of the Indian Constitution. This means that citizens are free to adopt their religion according to their desires, beliefs, etc. The documents required for change or conversion of religion include a notarized Affidavit, Identification Card -Aadhaar Card or Voter ID, Proof of Address - Aadhaar Card or Ration Card, a single passport-size photo, and a duly signed application with all details of the old ...ReadMore
Will
Can I transfer my property to my friend instead of my family through. After I die did my friend get the property according to my will ot any issues need to face?
1 month ago
A. Dear Sir
You must give strong reasons for transferring such property by Will to your friend instead of to your family members. You may create some documents having taken huge amount of loan from him and in lieu of the same. You are executing the Will.
Will - My ancestral property is under dispute
My ancestral property is under dispute in court. Can I make will on part of my ancestral property now sir ?
1 month ago
A. Dear Client,
If the court passes an order disposing of the case and awards no relief, your will bequeathing your share in the ancestral property becomes ineffective and unenforceable under the law. In such a situation, it is advisable to wait for the court decree before taking any further action or making decisions regarding the distribution of ancestral property. The court's decree will determine the legal status and rights of the parties involved, and it is important to follow the legal proc ...ReadMore
Will
I am a British Citizen now but was born in India and lived here till the age of 45 before migrating to England. I have an Adhaar Card and PAN Card. Can I make a registered will in India?
2 months ago
A. Dear Client,
As a Non-Resident Indian (NRI) or Overseas Citizen of India (OCI), you have the flexibility to create a Will either in India or abroad, encompassing various assets like properties, bank balances, shares, and personal belongings. Indian laws applicable to such Wills include The Indian Succession Act, 1925, relevant state-specific Registration Acts, and the Foreign Exchange Management Act, 1999 (FEMA). There are no restrictions on bequeathing property to any Indian resident of your ...ReadMore
Harassment of parents by children
If one my adult child is harassing me, I have flat which I it give on rent and that only income I have, my child is not allowing me to give that flat on rent and forcing me to create will which I do n
2 months ago
A. Dear Client,
If you, as a senior citizen, are facing harassment from your adult child who is interfering with your decision to give your flat on rent, you can consider seeking protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This Act is designed to ensure the well-being of senior citizens.
Under Section 23 of the Act, if a senior citizen's children neglect or refuse to take care of their needs or harass them, the senior citizen can apply to the Maintenance ...ReadMore
How to get Will of my Grandparents (registered/unregistered)
How to get Will of my Grandparents (registered/unregistered)
3 months ago
A. Dear Client,
Reach out to an Advocate handling civil matters for necessary guidance and steps to resolve the issue in the right way.