Will probate
Vijaya Ashok
(Querist) 24 March 2013
This query is : Resolved
Dear Law professionals,
My father who had two sons wrote a Will and registered in Sub-registers office in the name of his one son ONLY and passed away in Jan 2010. The property is in outskirts of Chennai and in Jul 2011 came under the jurisdiction of Chennai.
The son who is the Will heir now wants to sell the property and has finalised a buyer to find the Will needs to be "Probate". The other son who didn't receive the Will inheritance does not want to sign "No Objection". The buyer wants the property in one month. Can we get the name changed in Chennai Corporation office with the Will copy, or do we need to Probate the Will. If so, how long is the "Probate" process when there is an objection.
Thanks for your valuable suggestions.
Advocate M.Bhadra
(Expert) 24 March 2013
Without granting of WILL by the Court through a Probate case,WILL is not valid.So after adjudication of Court WILL may be granted on merit,it is lengthy process of laws.
Sec.270 Indian Succession Act:----When probate or administration may be granted by District Judge.- Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Judge.
Vijaya Ashok
(Querist) 24 March 2013
Thanks Minansu.
I was told Probate is a long drawn process, especially when there could be an objection from one of the legal heir. How many times can other Legal heir "Object" to a court order.
What does "Administration by District Judge" mean. How do we reach the District Judge, would there be a form to lodge the Administration.
If we need sell within 2 months, then we can't use the Will, but negotiate with the legal heir is the only option?
Thanks.
Devajyoti Barman
(Expert) 24 March 2013
If any legal heir of the testator disputes the Will then taking of probate indeed takes lot of years.
In one month it is no more possible.
Try to settles the dispute with your brother mby making some payment.
Otherwise this deal is over.
Devajyoti Barman
(Expert) 24 March 2013
Contact local lawyer for rest of your query.
R.K Nanda
(Expert) 24 March 2013
no more to add.
ajay sethi
(Expert) 24 March 2013
without the consent of other legal heir property wont be trnasferred in the name of one son . if you are relying on will get proabte done . . settle with your brother if you want to sell the property . court case will take years
V R SHROFF
(Expert) 24 March 2013
settlement is best way out.
Otherwise you have to wait in Court Procedure// Long Queue.
Raj Kumar Makkad
(Expert) 24 March 2013
Nothing to add more in the given replies.
Vijaya Ashok
(Querist) 25 March 2013
Great support from so many lawyers. Much appreciated.
It is a shame (Sham) that even though a person before his / her death writes a Will, registers it still the legal system can't honor it due to legalities.
DON'T understand the reason for a WILL if it can be disputed by any one even though the testator was specific in writing the Will.
WILL has no meaning or relevance :-(
K.K.Ganguly
(Expert) 26 March 2013
Take a test case where the signature of the testator has been forged and registered by impersonating the testator.
Is it not required, at least in such case, to give a chance to other legal heirs to challenge the said Will applied to be probated?
The Court will first hear all parties then will either grant probate or reject it.
Raj Kumar Makkad
(Expert) 26 March 2013
Mr. Vijaya! There is no lacunae in legal system as you seem frustrated. If any person gets undue benefit of the mental or physical condition of the testator for his own benefit then the real legal heirs have every right to safeguard their interest and in that event the will should be challenged on all aspects.
Vijaya Ashok
(Querist) 27 March 2013
Hi Lawyers,
You have raised a valid point. No doubt about that. But on the flip side, the Will is written because the testator wants to do so. If the Will is not written, then by default it is shared by all the legal heir. My understanding of Will is because the testator wants to give that specific individual and not to be shared with everyone.
I dont deny the process in establishing the true intention of the Will, unfortunately any such process becomes too long and financially not viable, thus dissuading the person to whom the Will has been written from that path (as suggested by other lawyers above - negotiate). The law should ensure the true nature / intention while the testator is alive, not after his/her time.
Hence, law should aim to make the Will process sound proof while testator is alive, not be challenged after the demise where everyone is guessing the intention/credibility of the testator and his Will.
