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Dear client,
The will presented by your father's second wife, featuring her son from a prior marriage as the primary witness, presents notable legal issues. The witness's potential conflict of interest, his name change, and the false representation of his parentage, along with the questionable timing of your father's remarriage and the drafting of the will, indicate possible undue influence and deceit. Moreover, if essential legal procedures, such as valid witness signatures and proof of your f

Dear Client,
An owner of a self-acquired property gets an unfettered right to dispose or bequeath his or her said property as per his or her wishes. Nobody can claim a share in the said property as a matter of right. If the property owner dies intestate, i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. When your grandmother bequeaths her property to her grandson through a registered Will, granddaughters have no right to claim a share

Dear Client,
In India, inheritance issues are very complex and wills are subject to challenge by family members. The will may be challenged on the grounds that it was improperly executed or on the genuineness of the signatures of the executor or witnesses. In India, the court may refer to the family settlement agreement or may follow the laws of inheritance. “Thus, in family disputes, where the IP is devolved upon more than one heir, specific covenants should be drafted to divide the IP, the n

Dear Client,
Order 38 Rule 5 of CPC deals with furnishing security for the production of property by the defendant. So, the Court under the said provision can use its discretionary power to provide attachment of a property before judgment. However, in such circumstances, the plaintiff had to prove the malafide intentions of the defendant to interfere with the property to support his claims. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you

Dear Client,
Registration of a will is not mandatory in India. Even an unregistered will is legally valid if it meets certain legal requirements. However, the registration of a will enhances its legal validity and serves as a formal and authentic document. Hence, it is advisable to register the will to avoid any legal complications in the future. Further, an unregistered will can be registered even after the death of the testator. You can get it registered by approaching the registrar with the d

Dear Client,
Firstly, with respect to the probate case pending before the court, you can consult your lawyer to identify the reason for delay and enquire the ways to expedite the case. Visit the official website of the Bombay High Court to know the status of the case. You can also contact the registrar or administrative officer of the high court to know the steps to be taken in order to expedite the case.
Next, if your case is not being listed, then you can file a "listing application" and requ

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

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

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.

Dear client, yes a benificiary a will can be appointed as an executor under Indian Succession Act, 1925.