Selling land which comes under a survey number not mentioned in will
In my father's will it has been written that land under Survey no.7 can be sold to my elder brother. But he has sold land belonging to Survey no. 7/2 which belongs to us. Can we claim this in court to
2 years ago
A. Dear Sir,
Yes, boundaries will prevail as such the said sale may be cancelled if you putforth your case scientifically.
27 Old Will Declared 9 Years back and submitted 4 Years back in the court.
My father in-law is 80 years old and his father died in 1995, Father of my father-inlaw executed his last Unregistered Will in 1994 in favour of my father-inlaw. In 2013 two brothers and two sisters o
2 years ago
A. Dear Sir,
Please get the procedure of probate as follows:
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What is Probate of a Will and why is it important?
Will is the legal declaration of a person's intention, which he/ she wishes to be performed after his/her death and once the Will is made by the testator/ testatrix, it can only be revoked during his/her lifetime.
'Probate' means the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of adminis ...ReadMore
Advocate Sinjari Bandyopadhyaya
regarding gift deed for temple
We have small land and out of 10 members 8 members are come to decision to give our partitions to temple with gift deed and this land is ancestral property so pls advise how to proceed is it possib
2 years ago
A. Dear Sir,
You eight people may execute gift deed in favour of temple and give the possession of your shares. Then nobody come forward to support the remaining two persons who are unwilling to gift the property.
Will - Different Wills for different class
CAN DIFFERENT WILLS FOR DIFFERENT CLASS OF ASSESTS FOR DIFFERENT BENEFICIARIES BY ONE/SAME PERSON BE EXCUTED
2 years ago
A. Dear Client
For the convenient administration of his estate, the law permits a person to make more than one will in respect of different items of his property and to appoint different executors in respect of different parts of his property.
Thanks
Regards
Advocate Sinjari Bandyopadhyaya
Witness challenging the will
Sir My father bought a property in 1986 in the name of his father through his own money. A will was written by my grandfather in 1989 in favour of my father and my uncle is a witness to the will. One
2 years ago
A. Dear Client,
As the will is registered then your uncle cannot challenge the will as it must be registered with ssub-registrar’s credentials too.
Consequences of Challenge a will (Self acquired property)by daughter for share
Hi, According to Indian Constitution, if a person bequeaths(will is also registered under district registration office) property and gives equal share to his sons but does not give any share to his d
2 years ago
A. Dear SIr,
Can a registered Will be challenged in the Indian Court?
In India, the concept of Will has its deep-rooted origin for a very long time; its importance grows with the feeling of transferring family wealth and business from one generation to another with ease. A Will is a declaration by way of an established instrument wherein a person disposes of their property which shall take effect after their death and which to its primary nature is ambulatory and revocable during that person’s l ...ReadMore
Property based on the will
Hello, I am meenakshi My mother had few acres of land, after her death the land was transferred to my father's name... My father has prepared will and in the will he has mentioned the property in the
2 years ago
A. Dear Client,
1. If your mother died intestate, then the property shall be transferred to her legal heirs ,i.e., her husband and children.
2. Your father’s will is not valid for ancestral property.
3. Yes, you can contest your father’s will.
Advocate Sinjari Bandyopadhyaya
Inheritance
My father wants to write a will where the right to property will be given to my sister and my sister will have to pay me the market rate of my share of the property whenever the will is executed. Is t
2 years ago
A. Dear Client
This transaction seems to be akin to selling the your rights in the property to your sister but if the property is self acquired then after the will you will not have any right in the property hence it may not be deemed as such. To secure your position you can make a simple agreement wherein she agrees to pay you some amount and in return you relinquish your rights, if any.
Will on a mortgaged property
The WILL executed and registered during the property mortgaged for Reverse Mortgage Loan. Does it give the rights for the spouse to further distribute the property by way of another WILL if the loan i
2 years ago
A. Dear Client
A mortgage does not transfer the rights of the property unless the mortgage deed is invoked for non-payment of the loan. Hence a person can make a will during the mortgage. A will can be made at anytime and the last/latest will is considered as valid.
About spouse - if she has the right in the property then she can make a will.
Regarding property transfer
Dear sir 30 year back my father purchased property on the name of grandfather ,now few year back he have given half of the ammount of new property cost purchased property for my each uncle on their
2 years ago
A. Dear Client
After the death of your grandfather that too intestate the property ahs become a joint ancestor property where your uncle will also have the right just like your father. It does not matter that your father had paid money for buying.