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Anonymous

Posted 1 year ago

Dear Sir / Madam My deceased father made a Will that is unregistered, bequeathing cash and property to his children (2 sons and 2 daughters). However, my mother, who is in possession of the said Will, is showing favoritism toward my 2 sisters and wants to override and possibly not honor my father's Will. We (the sons) have a copy of the said Will. Assuming that, under the guise of claiming that my Dad's Will (unregistered but it is notarized) is lost or destroyed, can she create her own Will favoring my sisters (the daughters) and override our (the sons) rights and inheritance set forth in my Dad' Will? Thank you

A. Your mother can make a will of her share only. As on the death of your father [If there was a will, then it will be distributed accordingly] And as you are saying that the will is destroyed by your mother. Then in that case, your father is dying without a will [As no one can show the existence of the same] Therefore in such a case the property shall be divided among all according to their share.
Thanks
Shreyash Mohta
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Suneel Moudgil Experience: 16 Year(s) Panipat
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Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
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Anonymous

Posted 1 year ago

Dear Sir, My mother made a will in July'2016 in which she has mentioned that here property, gold, FD's to be distributed equally among her 2 daughters ie Me & my sister. We are only 2 sisters & no brother.My mother passed away in Sept'2016 My sister also passed away in 2018. We didnt knew about the will earlier hence we made a notary in which we mentioned that me & sister's husband are the legal heir of the property. We submitted the notary to the society but they rejected,But now recently we found a will which mentions about distribution between me & my sister Now who will get the share of the property. Does her family ie her husband & their kids are eligible for share in the property? Please advice.

A. Dear Sir,
The property fallen to the share of your sister will be going to following heirs.
==========================================================================
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and th ...ReadMore
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Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Sunil Kumar  Singh
Sunil Kumar Singh Experience: 18 Year(s) Kanpur
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Anonymous

Posted 1 year ago

Dear Sir My dad passed away March 2018. He left a Will in which he stated that he wished to distribute his cash assets (Fixed Deposits FD) after 12 months of his death in percentage figures of the total cash assets between his 4 children (2 boys and 2 girls). The total valuation of his cash assets (FDs) market values or FD details are not listed in the Will but only the percentage of distribution is stated in Will. For example, the distribution as per Will is as follows ( 40% for 1 son, 30% for 1 son, 15% for 1 daughter and 15% for other daughter) My mother is alive and is a joint holder (either or survivor) on those FDs with nominees listed as my brother and myself on those Fixed deposits. My mother has possession of the original Will. I and my brother have photocopies of my Dad's Will. My mother was never employed and did not earn any of that money in the FDs. However, she has liquidated all the those FDs in September 2018 (well before the 12 month wait period listed in the Will) and has distributed the cash money among my 2 sisters and herself in 33.3% between themselves. I and my brother has not received any payout or money from this distribution. This is money that was supposed to be distributed as per my Dad's will but is now being squandered between mother and two sisters. Is this even legal to do such distribution against Will just because she is joint holder on those FDs? Can this be taken up as legal preceding to freeze that cash assets distributed among mother and my sisters? I am from Mumbai and need help from a lawyer who can guide us. Please help. Thank you

A. You can file a suit and claim your share as per the terms of Will.
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Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Suneel  Moudgil
Suneel Moudgil Experience: 16 Year(s) Panipat
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 15 Year(s) Kolkata
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Anonymous

Posted 1 year ago

Dear Sir My father has stated in his will about his gold assets from his safety locker at bank be accessed after 12 months of his demise in presence of his eldest son. I am the eldest son but my mother in my absence has opened the locker along with my sisters without my knowledge. What is my legal recourse here? Does this merit a criminal or civilian litigation? Thanks

A. You have the right to file both civil and criminal cases against the following
1. Bank
2. Mother
3. Sisters
Thanks
Shreyash Mohta
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Sunil Kumar  Singh
Sunil Kumar Singh Experience: 18 Year(s) Kanpur
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
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Anonymous

Posted 1 year ago

I have a flat. I have a son and a daughter. I would like to leave a will in my wife's name and get it registered with the registrar office. What are the formalities to be followed.

A. You have photograph addhar card,draft with me .
Get it now
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
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Surinder SINGH

Posted 1 year 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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Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 23 Year(s) Bhubaneswar
Sayaree  Ganguly
Sayaree Ganguly Experience: 3 Year(s) Hooghly
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
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Anonymous

Posted 1 year 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 i ...ReadMore
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Anonymous

Posted 1 year 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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Anonymous

Posted 1 year 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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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Manjula  Shanmugasundaram
Manjula Shanmugasundaram Experience: 19 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 ...ReadMore
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