Hsa 2005 case

Querist : Anonymous (Querist) 09 March 2020 This query is : Resolved
MY MOTHER EXECUTED THE WILL IN FAVOUR OF ME DURING THE YEAR 2011. THE SAME WAS REGISTERED WITH SUB REGISTRARS. NOW MY MOTHER WAS EXPIRED.

MY MOTHER FILED SECOND APPEAL DURING THE YEAR 2004 CLAIMING EQUAL SHARE ON THE FAMILY PROPERTIES. THE CASE IS STILL PENDING WITH THE HIGH COURT. THE CASE IS COMES UNDER HSA 2005. ALL THE PROPERTIES ARE SUIT PROPERTIES WHICH MENTIONED IN THE WILL.

PLEASE LET ME HOW TO THE CASE WAS PROCEED FURTHER

WILL AND DEATH CERTIFICATE IS AVAILABLE. THIS IS ENOUGH TO PROCEED THE CASE OR ANY OTHER DOCUMENT REQUIRED.

ALSO LET ME KNOW ANY OTHER FORMALITIES TO IMPLEMENT THE WILL.

PLEASE CLARIFY.

REGARDS

S. RAVICHANDRAN

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Raj Kumar Makkad (Expert) 09 March 2020
It shall be better to get the probate of the will as the properties mentioned in the will are already sub-judice. If will stands probated and the property get recorded in your name in the relevant revenue/municipal records, the litigation pending before High Court can be got disposed off accordingly.

The issue of the registered will can also be brought in the knowledge of High Court and permission may be obtained for getting the will probate before the local competent court and high court may adjourn the pending case till the finalization of the probate proceedings.

It shall also be better to consult your lawyer dealing your case at high court before taking any action in the matter.

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Rajendra K Goyal (Expert) 12 March 2020
Bring the fact of death and the will on record of the case file. proceed to get the will probated as advised by the senior expert Raj Kumar makkad. You can proceed with the case after probate in your name and get your name accepted in place of deceased.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
Getting permission of the high court where the civil dispute is pending for filing a probate case before appropriate court to get the Will probated is a novel idea.
However if the fact is that if the title to the property bequeathed in the Will is in dispute and there can b no clarity arrived about the title before the pending case is disposed, the high court may not entertain any such permission.
As far as transfer of property by a testamentary disposition, the testator should have clear and marketable title to the property now being transferred by the said registered Will.
If there is a dispute going on in a court regarding the title, then even the probate of Will shall become infructuous if the court denying the title of the testator to the property bequeathed in the Will.
Hence in my opinion, until and unless the title to the property bequeathed in the Will is clear and confirmed by a court order/judgment in favor of the testator, you may wait to get the property transferred by the virtue of the Will.

Rajendra K Goyal (Expert) 21 March 2020
Since the case is pending with the High Court, your lawyer in High court must be aware of full facts, what advice has he given?

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