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Surinder SINGH

Posted 5 months ago

My Father passed away leaving an Registered WILL made 6 Year ago duly witness signed fingure and thumb impression .Signed and Stamped by Sub Register of our Tehsil. My father class 1 heir are His Mother, Wife and 2 Son. Had no daughter. WILL mention property distribution among 3 equal share for Wife and 2 Son. Nothing for Grand Mother I.e his Mother. Now Mother is asking for his share. We have submitted the copy of WILL to the patwari and waiting for Naib Tehsildar. Ok advice how tehsildar execute the WILL if one relative raise the objection

A. Sir, the property will be distributed according to the will made and the contents there under. Nothing to worry. Thanks
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Shanti Ranjan  Behera
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Sayaree Ganguly Experience: 2 Year(s) Hooghly
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Anonymous

Posted 7 months ago

I AM BHATIA FROM MUMBAI... I HAVE ONE HANDWRITTEN WILL, (WITHOUT SIGNATURE) IN SINDHI WRITTEN BY MY FATHER . AND ALSO XEROX COPY OF TRANSLATION IN ENGLISH DULY SIGNED BY HIM. ORIGINAL MISSING. HE EXPIRED IN 2006, AND LETTER WRITTEN IN 2005. WHAT IS THE PROCEDURE FOR ATTESTATION TO BE DONE OUT OF COURT ON XEROX COPY... FOR SAFE SIDE ONLY. PLS ADVICE.

A. Yes. Will can be registered by any person entitled to present the same under section 40. Donor/Testator or after their death the donee/ any person claiming as executor or otherwise may present it to any Registrar or Sub-Registrar for registration. The claiming party shall produce the Will, records relating to the death of the testator, witnesses and the scribe before the Sub Registrar for Registration. But Registration of the Will is not mandatory as an unregistered Will is equally valid if it has been witnessed (2 witnesses) properly. Its generally registered even after death to avoid litigation in the future.
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ROBERT D ROZARIO
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Anonymous

Posted 7 months ago

I was going through the section 57 and section 213 of Indian succession act 1925. It says that any will made by Hindus, Buddhist, sikh, jaina on or after September 1st 1870 within the territories which at the said date were subject to the lieutenant governor of Bengal of within the local limit of ordinary civil jurisdiction of the high court of Madras and Bombay. I would like to know if Bihar, orissa, and Assam is also part of this where probate is mandarory or it is only Kolkata, Mumbai and Madras In Bihar, officers are asking for probate will for changing the name in records. Kindly advise

A. Dear Client, Most of the laws are applicable all over India except J & K. Shanti Ranjan Behera Advocate
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Rameshwar  Dadhe
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Anonymous

Posted 7 months ago

Dear Sir, My husband(eldest son) and my father inlaw bought a plot in my father inlaw's name and constructed a house in 1975 on this land for family requirements. My father inlaw expired in 1996.He had made a will in 1995, but could not able to get it registered. Through will my father inlaw had given all his movable and immovable property to my husband mentioned that my eldest son had help him morally and financialy (to establishing to all his brothers and sisters) therefore my fatherinlaw giving all his property to him. All the brothers and sisters of my husband are not ready to accept this will. Now they filed a partition suit in district court. What are option we have.

A. Dear Client, Unregistered WILL will be accepted in the court of law provided it fulfills all other legal requirements. Coming to the other options divide the entire property among the brothers and sisters/ all legal heirs to stay peacefully in future.. Shanti Ranjan Behera Advocate
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Shanti Ranjan  Behera
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Manjula  Shanmugasundaram
Manjula Shanmugasundaram Experience: 18 Year(s) Chennai
Dear Sir, My father(eldest son) and my grandfather bought a plot jointly in 1963(50:50:), my grand father constructed a house in 1965 on this land.For some family requirements in 1971 my father sold his 50% share to his uncle but no possession was given to him. In 1975 my father again purchased that 50% portion.Since my father was not in town he purchased that property in the name of my grandfather. My grandfather expired in 1995 in Dehradun(Uttrakhand).He had made a will in 1994,but the will was not available (untraceable) after his death. My grandfather has given all his movable and immovable property to my father through his will at the time of his death in 1994 and my grandfather mentioned that his eldest son(my father) supported(financially) him during his whole life in his family responsibilities. All the brothers of my father were living together in the same property made by my father and grandfather at the time of my grandfather's death.But now only one of them is currently living here in the property. I was working in New Delhi from 1993 to 2005. In 2013 when I was searching some papers I found the will of my grandfather attessted by two witnesses in a file which was unregistered. I showed the will to my father and all uncles,all three uncles and two aunties were surprised and next day all of them filed a property distribution suit in the court and sent the notice to my father. My father consulted the advocates and gave a written statement in the court that he has a will of my grandfather in which my grandfather had given all his movable and immovable property to my father through will. My all uncles and aunties replied in the court that when my father will submit the will in the court they will challange it. In last five years neither they challenged the will nor my father submitted the will in the court. Two years back one of my aunt expired. Now in September,2018,one of uncles filed an affadavit in the court that my grandfather did not make any will. Our advocate advised us to file another suit for probate of will in the court. My father filed another case of probate of will in the court with the affadavit of one of the witness of the will and submitted the orignal will in the court sent notice to all my uncles one aunty and to the children of my deceased aunty also. Only one uncle received the notice but nobody respond the notice till date. Please advise us are we going in the right direction or we should do some thing more. Regards,

A. Dear Client, The best option for you would be to go through a local Advocate who know the Will part well.If this is not possible due to some constraints then get in touch with vidhikarya.com. But should know the following in any case. The Indian Succession Act, 1925 decrees that a probate is official proof of a will. A probate is issued to the executor, or the person who is authorized to implement or execute the will and thereby adds a legal character to the will. In India taking of Probate is compulsory without Probate the Will has no value. ... In Mumbai probate is mandatory for a will, failing which the will is nothing but a waste paper. So if your father made a bequest of his properties then you have to file a petition for probate in the competent civil court. What happens when a Will is not probated? If a person dies and leaves a will, then probate is required to implement the provisions of that will. However, a probate process also can happen if a person dies without a will and has property that needs to be distributed under the state intestacy law (the law of inheritance). Shanti Ranjan Behera, Advocate
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Shanti Ranjan  Behera
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear Sir, My father(eldest son) and my grandfather bought a plot jointly in 1963(50:50:), my grandfather constructed a house in 1965 on this land.For some family requirements in 1971 my father sold his 50% share to his uncle but no possession was given to him. In 1975 my father again purchased that 50% portion.Since my father was not in town he purchased that property in the name of my grandfather. My grandfather expired in 1995 in Dehradun(Uttrakhand).He had made a will in 1994,but the will was not available (untraceable) after his death. My grandfather has given all his movable and immovable property to my father through his will at the time of his death in 1994 and my grandfather mentioned that his eldest son(my father) supported(financially) him during his whole life in his family responsibilities. All the brothers of my father were living together in the same property made by my father and grandfather at the time of my grandfather's death.But now only one of them is currently living here in the property. I was working in New Delhi from 1993 to 2005. In 2013 when I was searching some papers I found the will of my grandfather attessted by two witnesses in a file which was unregistered. I showed the will to my father and all uncles,all three uncles and two aunties were surprised and next day all of them filed a property distribution suit in the court and sent the notice to my father. My father consulted the advocates and gave a written statement in the court that he has a will of my grandfather in which my grandfather had given all his movable and immovable property to my father through will. My all uncles and aunties replied in the court that when my father will submit the will in the court they will challange it. In last five years neither they challenged the will nor my father submitted the will in the court. Two years back one of my aunt expired. Now in September,2018,one of uncles filed an affadavit in the court that my grandfather did not make any will. Our advocate advised us to file another suit for probate of will in the court. My father filed another case of probate of will in the court with the affadavit of one of the witness of the will and submitted the orignal will in the court sent notice to all my uncles one aunty and to the children of my deceased aunty also. Only one uncle received the notice but nobody respond the notice till date. Please advise us are we going in the right direction or we should do some thing more. Regards,

A. Your father get Probate as others not ready to file objections. Suit will be dismissed
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
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Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
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Dilip Goyal

Posted 8 months ago

Sir., Really I was birth in 16/4/1996 in rajasthan sirohi district..my birth was at home ..but while I was admission in school ..my dad was at argent work at that time my dad write wrong birth year as 1994 due to my dad mistakes ..and from that now my birth year is 1994 in license ,aadhar card,12th certificate, and I don't have birth certificate,..so I want change my birth year as 1996 so what I have to do

A. You can follow the options given by other learned counsels.
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ARPIT  BATRA
ARPIT BATRA Exp: 11 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear Sir, My grandfather expired in 1995 in Dehradun(Uttrakhand).he had made a will in 1994,but the will was not available(untraceable) after his death. My grandfather given all his movable and immovable property to my father through will dated 1994. Therefore all the brothers of my father living together in the property made by my grandfather. I was working in New Delhi from 1993 to 2005. In 2013 when I was searching some papers I found the will of my grandfather attessted by two witness in a file which was unregistered. I showed the will to my father and all uncles,all my uncles surprised and next day all my uncles filed a property distribution suit in the court and sent the notice to my father. My father consult the advocated and given a written statement in the court that my father has a will of my grandfather in which my grandfather given all his movable and immovable property to my father. My all uncles replied in the court that when my father submit the will in the court they will challange it. In last five years neither they challanged the will nor my father submit the will in the court. Now in September,2018,all my uncles filed a affadavit in the court that my grandfather did not make any will. Our advocate advised us to file an another suit for probate of will in the court. My father filed an another case of probate of will in the court with the affadavit of one witness of the will and submitted the orignal will in the court. Please advise us are we going in the right direction or we should some thing more. Regards,

A. Sounds okay on the basis of facts presented here.
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ARPIT  BATRA
ARPIT BATRA Exp: 11 Year(s) South Delhi
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Anonymous

Posted 8 months ago

Is probate mandatory if I have a valid will from my great grandfather. We are in possession of property for last 20 years. Is executor and probate requires for selling the property. We are Hindu

A. Dear Sir, Probate is not mandatory if the property already transferred in your name on the basis of such Will. For full procedure contact me on mobile through Vidhikarya.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
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Anonymous

Posted 8 months ago

My Uncle made a Registered Will in Year 1990.In Year 2000 he made anothe Registered Will neither having any mention of the First Will , nor cancelling the First one.Besides the second Will has many property details Wrong. He died 4 months after making his second Will . What is the status of his FIRST WILL .

A. Dear Client, First Will be null and void in the presence of second will which had been done after 10 years of the first will. Shanti Ranjan Behera Advocate
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Shanti Ranjan  Behera
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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