Implementation of will
milind phope
(Querist) 19 March 2012
This query is : Resolved
With respect to all of you sir,please let me know the following.....Can an administrator-cum father act and implement the provision of the mother's WILL ( it is in question ?) and transfer the entire property on his name as mentioned in the WILL,without knowladge of the his son and daughter.
The son and daughter repeatedly had asked father for the availability of WILL after mother's sad demise but father had told them only after the property is transfered on his name.( after 8 years of mother's demise.)
The son and daughter,both know that,certainly there has been some malfunction in this matter.This WILL can never be so one sided as they knew their mother.She was caring and loving to them.OUR QUERY IS....
1) Now that the property is transferd,what step should son and daughter are suppose to take.?????
2)Is it not illigal to hide mother's WILL from son and daughter before action for imlpemention of the provision had taken place ?????what are the provision in the law-books regarding matter like this ?
Raj Kumar Makkad
(Expert) 19 March 2012
1. They should file a civil suit for partition and possession without showing their knowledge about the mentioned will. Let their father produce that will in the written statement which can again be challenged in the replication.
2. The given situation can be treated as immoral but not illegal.
Adv.R.P.Chugh
(Expert) 19 March 2012
I don't understand how he succeeded in obtaining a probate of the will - which is a precursor to transferring it to his own, without the court entertaining objections from other legal heirs.
The heirs are within their right to sue for partition.
Ghanshyam Prasad
(Expert) 19 March 2012
If there is any will,your father has to obtain probate which can not be obtain without impleading you as party.now course is only to file p.S.
milind phope
(Querist) 19 March 2012
To get the property on his name,father just enclosed the attested copy of the will.
As per our enquiry,probate has certainly been not taken,otherwise son and daughter would have received the court notice to attend the probate.
NOW AS per my knowladge the probate has to be taken by the "Administrator of the will" only....In this case,in which court,the son and daughter should file the suit and on what ground ? Is this court ,higher than Probate court ? Please sir,these are my final querries.
ESTHERPRIYA
(Expert) 21 March 2012
Will is registered one or unregistered one?
milind phope
(Querist) 21 March 2012
mother's WILL is registerd one,and father kept in his custody and never shown to anybody before implimentation.
WILL was made under pressure and son and daughter has documental supports and circumstancial evidenses to prove that psycological pressure was applied for making the containts....
Can son and daughter on themselves,challange the WILL in probate court.One should be surprised for "How can title of property get changed without authority asking for a probate or letter of administration..?
Is implementation of WILL so easy that without knowladge of other legal heirs,one can go ahead and make the thing happen in his favour with the help of original registerd WILL copy.Benificiary had happily made atasted copies and used everywhare to change the titles.! Is it so easy.?...?What should son and daughter do to bring these things in open..?
