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Probate of will before consumer forum

(Querist) 06 July 2015 This query is : Resolved 
My fatehr- a freedom fighter and advocate - made a registered will, describing the ownership rights of different houses/ plots etc - booked/ bought in his name by his children.
A flat by GDA Ghaziabad, thus was assigned to me, as I paid all its installments. It was clearly mentioned in the will, as was the case of houses bought by my brother and sister too.
GDA defaulted in terms of construction of the flat, and a case was filed by my father, during his life time, with the consumer court.
Orders were passed to payback amount paid with interest, to my father. But, my father died before the amount could be paid, though the cheque was deposited by GDA in consumer forum, while the order said its being paid back to my father directly.
This cheque remained un-cashed with the consumer forum, without any intimation to me/ my fatehr.
Consumer forum has asked GDA to submit new cheque to it, which has een done.
copy of the will also has been submitted in the forum.
Is a 'probate' of this will, a must; and can the forum ask for it - on its own or on the demand of the GDA lawyer?

REgards,
Colonel Saxena (Retd.), Advoacte (AFT lucknow) Mob: # 09335324474
Kumar Doab (Expert) 06 July 2015
Did you the beneficiary in a registered WILL apply for change of ownership on Flat with GDA, after the death of your father?



Usually the process is simple and a declaration by say Councillor, other family members, publication in 2 newspaper is sufficient to effect the change in ownership in 30 days or so.



You could have done that.



The new/replaced cheque deposited is forum is in whose name your father/or you?


The WILL is registered and a registered WILL fetches more reliance.................and is unlikely to be set aside.


If Probate of the WILL is mandatory in your state then it is required.


The WILL can be contested by the stakeholders.



The other ClassI legal heirs of your father (wife,sons,daughters) can be called to appear and depose before the forum that they have no contest on WILL.


The forum can ask the GDA to follow its won procedure and effect the transfer of ownership as a result of registered WILL as mentioned above.




Rajendra K Goyal (Expert) 07 July 2015
Prey the consumer forum to transfer the ownership of flat in your name and pay the amount to you as per will.
Kumar Doab (Expert) 07 July 2015
It is felt that you may apply for change of ownership on Flat with GDA, under proper acknowledgment.

Anup (Querist) 07 July 2015
The flat was refused to be accepted, by my father, due to unauthorized changes in its construction, unilaterally by GDA.
And, for that 'breach of contract' only the matter was lodged with the consumer forum which ordered GDA to pay back the money, together with interest -TILL DATE OF ACTUAL PAYMENT, TO MY FATHER, WHEN HE WAS STILL ALIVE.

GDA cunningly deposited a cheque, with the Consumer Forum, instead of sending it to my father, as per the orders, AND DIDNOT EVEN INFORM MY FATHER ABOUT IT.

The cheque remained UNACTIONED WITH CONSUMER FORUM, till we learnt about it, on subsequent date.

There was/ is no occasion/ reason for getting the unacceptable-flat transferred in my name.

Now also GDA has deposited a fresh cheque with the Consumer Forum, after the fresh orders, while the issue of this being given to me, by the consumer forum, is awaited, for the last two years, as the aged-retired judge, is rarely attending to the court.

Origianl will, of my father is deposited with the consumer forum, WHERE THE PENDENCY OF THE GDA FLAT WITH CONSUMER FORUM ALSO IS MENTIONED, IN ADDITION TO MENTIONING THAT THIS FLAT WAS PAID FOR BY ME, AND SO I AM ITS ABSOLUTE OWNER FOR ALL PURPOSES.

My Advocate, at Ghaziabad, is unable to get the case expedited in the Consumer Forum, and says that the judge might press for the 'Probate' of that will!!

I wonder if the GDA also has any locus, to object to the will, unless any of my siblings raise any objections agaisnt this will.

My brother and sister, both have similarly acquired possession of flats/ plots, booked in the name of my father, but paid for by themselves, as those werea also similarly mentioned in the same will.

My prayer before the Consumer Forum, is already pending, that the money be paid to me, as my father has willed.

col Saxena Adv.


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