Society name transfer
Society name transfer
My parents passed away and our house was willed to me by my mom before she died, I want to transfer the names of the house on the society register to my names but they are asking NOC from my brother
2 years ago
A. If you have the WILL in your name along with 2 witness, then the house can become legally yours. If the society does NOT agree then u will have to get the WILL - probated, but this is a expensive process.
Does a sub-registrar have rights to declare somebody as foster son?
Does a sub-registrar have rights to declare somebody as foster son? The background is that a person has declared himself as a foster son in the Will of my uncle though he is my uncle's brother-in-law.
2 years ago
A. Dear Client,
A sub registrar does not the power or authority to declare any body with any kind of status, His main job is to register and authenticate the documents which are brought forward for registration. He cannot declare someone as a foster son of somebody.
Advocate Sinjari Bandyopadhyaya
Unrelated person to family added as foster son in will
In a registered will which is a forged one an unrelated person to family had been added as foster son in will. Will it be accepted as legal in AC Court?
2 years ago
A. Dear Client,
If you are sure that the will is forged then challenge that will during the probate and bring all the facts and evidences to support your reasoning and that way you will be able to get this sorted out and your rights will be safeguarded.
Executors discretion in recovering his expenses?
The executor of the will (testator died in 2018) is old and not very legally-educated. Due to covid pandemic, things were delayed and a certain legal heir helped him file for probate of the will on Ma
2 years ago
A. Dear Client
The answer to this question can be varied depending on what is mentioned in the will about the expenses of this nature. And you are right that the legal and other expenses are to be recovered from the estate.
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
2 years ago
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
Sanjay Kumar Jha
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
2 years ago
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.
Advocate Sinjari Bandyopadhyaya
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.
