Register will to sister

harishacs (Querist) 09 January 2015 This query is : Resolved
My relative Mr sudeer register will to miner sister all transfer deed property,fixed asset, he he is died but he is having wife with out child ( he is married 15 years back ) she not staying with him she is not apply devirce also now she is asking property.

please help me sir

Follow Query

Report Abuse

Shailesh Kr. Shah (Expert) 10 January 2015
get probate of will from the civil court. apparently, his wife has no right.

Rajendra K Goyal (Expert) 10 January 2015
In view of the will, wife may not get the property.

ajay sethi (Expert) 10 January 2015
you have to apply for probate of the will since testator wife is also claiming property bequeathed to minor sister

Devajyoti Barman (Expert) 10 January 2015
Since wife divested wife from all his properties , she can not claim anything it but before which the Will needs to be Probated in which the wife may put opposition.

Advocate Bhartesh goyal (Expert) 10 January 2015
Will requires to be probated

Kumar Doab (Expert) 10 January 2015
You have indicated that WILL is registered.
It shall fetch more reliance.

If the property is self acquired then the owner can give it away to anyone as it pleases.........

The WILL may be probated.

malipeddi jaggarao (Expert) 10 January 2015
If it is the self-acquired property of your relative, his wife cannot stake any claim if a Will was executed properly. Apply for probate of the Will. The wife can file her objections for granting probate on merits. Prima facie she does not have any right if the bequeathed property is self-acquired.

H.M.Patnaik (Expert) 11 January 2015
As understood the WILL has been registred during lifetime of the holder of property in favour of minor sister and after demise of the bequeath er, it has to be probated as per law. As indicated by the Experts , there may be objection to Probate from the side of deceased's wife during the proceeding, however if the said property was self acquired, ten there will be no obstacle in getting the WILL probated in favour of the beneficiary.

Dr J C Vashista (Expert) 11 January 2015
Show the document of said "Will" to a local prudent lawyer and proceed as opined, advised and guided in the matter. It would be premature to decide further course of action without going through the facts of case in its entirity.
However, as advised by the experts, the beneficiary may apply for probation of the said "Will" if the facts mentioned by you are the only one and the property is self- acquired of the testator.

Biswanath Roy (Expert) 13 January 2015
Obtain a certified copy of the Will and mail me a scanned copy to find out the way if any. My E-mail ID is- bnroy.advocate@gmail.com