Will deed.
pushpakrishna
(Querist) 21 April 2014
This query is : Resolved
Dear Experts,
A will deed executed by a person in 2002 and got registered . every body knows the same in the family. now ,one of the family members filed a case stating that will is not known to me and not binding on me.is it tenable experts.please clarify.
ajay sethi
(Expert) 21 April 2014
apply for probate of will . you have to prove will is genuine
Advocate M.Bhadra
(Expert) 21 April 2014
Sec2(H) of Indian Succession Act, 1925 provides that WILL means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. -is an untitled document which state after the death of a person making the deposition.It can be revoked , modify or substituted by the person executing the Will at any point of time during his/her life time. -for executing the Will the person must be fully competent, as per Section 59 of the Indian Succession Act. -has to be signed by the executor of the Will and has to be attested by at least two witnesses. -Will under law is not required to be compulsory registered.
On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate. A probate is a copy of a Will, certified by the court. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted. It is only after this that the Will comes into effect.
Devajyoti Barman
(Expert) 21 April 2014
Such suit is maintainability. The executor or beneficiary of the Will can also file for probate for Will.
Rajendra K Goyal
(Expert) 22 April 2014
Will may not necessarily be in the knowledge of all.
proceed for probating of the will.
malipeddi jaggarao
(Expert) 22 April 2014
Proceed for probate if there is objection by any of the legal heir, you will have to prove that the Will is genuine and according to the provisions of the Act and objections not sustainable.
pushpakrishna
(Querist) 22 April 2014
Dear Experts,
On the basis of the will ,applied for mutation of the land mentioned in the will and accordingly the revenue authorities also mutated the land long back basing on the will. even now can we file a petition for PROBATE in the court of law? Kindly advice in detail. thank you experts in advance.
T. Kalaiselvan, Advocate
(Expert) 23 April 2014
Even now it is not late, go for probating the Will to ensure the mutation based on the Will finds a legal recognition.
