Land mutation
My father purchased a land. Land registration had done successfully but at the mutation time the karamchari has told that the elder brother and his father has put objection not to do mutation/transfer ...
My father purchased a land. Land registration had done successfully but at the mutation time the karamchari has told that the elder brother and his father has put objection not to do mutation/transfer ...
Dear Client,
From the contents of the query, it appears that before buying the property, the status of the encumbrance of the title of the property was not done/verified properly from authentic sources and as a result, you are facing an objection at the time of mutation of the property by Land Revenue Deptt. However, the Mutation department should not entertain or allow an application unless that application is enclosed with a Court's order of injunction staying the mutation process. So, verify
My grandmother wrote a will before she decease in 2013, my paternal uncle(father's brother) is keeping the will with him not disclosing it to anyone. So we are unable to proceed with our land and hous ...
Dear Client,
In the case of testamentary succession, the wishes of the testator of the will shall prevail even though the will is registered or not. The Supreme Court in the case of Saroja v. Santhil Kumar (2010) has held that an unregistered Will is valid and enforceable in law. A will, irrespective of whether it's handwritten or typewritten, on plain paper in clear language and witnessed by at least two persons, is legally valid. Non-registration of a Will does not lead to any inference again
Our class unknowingly didn't attend for one of the class in curriculum because it is out of regular time which is only once per week. But our hod has issued loss of 3 days attendance as penalty for al ...
Dear Client,
According to Section 17(1) of the Right to Education Act, 2009, no child shall be treated with any physical punishment or mental harassment at school. If anyone breaches the provisions of this subsection, they shall be liable to punitive action under the service rules applicable to such person. Section 17 of the Act imposes an absolute bar on corporal punishment. It prohibits 'physical punishment' and 'mental harassment' and makes it a punishable offence and prohibits teachers from
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Can an issueless widow make a will for her deceased husband's share of undivided property, self-acquired by her father-in-law who died intestate, with 6 legal heirs, including her predeceased husband, ...
Dear Client,
If the husband dies without leaving a will, the property is divided equally among the widow and the children. If there are no children, the widow gets full ownership of the property left by her deceased husband. She can make a will; she can gift it during her lifetime, deal with or dispose of it by sale, transfer, or lease it off. A Hindu widow has equal rights in her husband's property along with her children and the mother-in-law.
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Is it mandatory to get the will registered withoutfail. What incase of old wills written in 2010
Dear client,
In India, it is not mandatory to register a will; a will can be valid even if it is not registered.
will registration is not needed, along with some key considerations regarding the execution and validity of wills:
Why Will Registration Is Not Mandatory
Legal Validity Without Registration:
In India, a will is considered valid as long as it is executed in accordance with the provisions of the Indian Succession Act, 1925. This includes being signed by the testator (the person maki
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Sir/Madam, The Opposite party is advocate in the same court where probate of registered will is pending before the Honorable court ADJ 3rd since 2009,now opposite started demolished of the house and n ...
Dear Client,
Regardless of the nature and subject matter of dispute when it is sub-judice before a Court of law, the status quo of the subject matter stands unaffected and unaltered. In the given scenario, a civil suit seeking an order of injunction under Order 39, Rule 1 of CPC shall be filed against the OP before the jurisdictional Civil Court to stop the unauthorized demolition of the property and bring the matter to the notice of the Court of the ADJ, 3rd where the application for probate of
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Dear Sir, Will Executed in the name son in 2012, Later in 2013 A Building constructed in the Property , Can daugther is eligible to claim the ownership of Building , If yes is there any cases Judgment ...
Dear Client,
If the daughter is made beneficiary of the Will, she can claim her share in the property as a matter of right. Even she can challenge the validity or veracity of the Will on the grounds of undue influence, coercion, or fraud in making the Will before the Court. When the language of the Will does not match with that of the testator and is uncertain then the validity of the will can be challenged. Even, if a sibling thinks the deceased made a will when not mentally capable of doing so
My father expired and he has registered a will to my aunt's son. My doubt -is that possible to register the land and property to his name without legal heir certificate
Dear Client,
In the case of testamentary succession, a legal heir certificate has no role to play and the wishes of the testator of the will shall prevail. The first step in transferring a property to a beneficiary as per Will is to either get the will probated or get letters of administration (LOA) from the Court having jurisdiction over the property left by the deceased. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries and conclusive proof
Father put his elder son as a Nominee in Bank FDs. Elder son taken FD amount after his demise and spent for his father Medical and his final ritual expenses. Remaning amount he had distributed to some ...
Dear client,
In your case, the elder brother is accused of misusing funds based on a copy of a will. The first step is to question the validity of the will since it is only a copy. Without the original, it may not be legally binding. The elder brother should get legal advice to challenge the authenticity of the will and argue that it is not valid without the original document. To defend himself, the elder brother needs to show clear records of how the funds were used, including receipts for med
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We are 2 brothers. I got the copy of the WILL after our father passed away and suspicious that other brother may be having orginal WILL. But he is denying that he dont have a WILL since some of the it ...
Dear Client,
If your brother is denying to have the original will, you can file a probate petition before the court of law with the copy of the will you have. If there is no evidence to prove that your brother has kept the original will, try to gather witnesses who can testify regarding the existence of the will. You may undergo a probate process for the will. A probate is a copy of a Will, certified by the court, and is conclusive evidence that the Will is genuine. If you are sure that your bro
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