Will- Notice to other Legal Heirs

Querist : Anonymous (Querist) 13 August 2010 This query is : Resolved
"A "( a late husband ) is having a property ( A two bedroom house) jointly
( equal share) with his wife "B". Both of them are having only one son and two daughters out of which one daghter is divorcee. Before his death "A" bequethed his share in the property in favour of his son"C" only. Now "C" wishes to apply to the concerned court for the grant of probate ( As per the will "C" himself is Executor also). Is it necessary for " A" to give notices to the other legal heirs i.e. his widow mother and two sisters

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Kiran Kumar (Expert) 13 August 2010
well if it was the self acquired share of A which has been bequeathed in favour of C then there shall be no ambiguity unless and untill the will itself is under challenge.

in probate proceedings C will certainly bring other legal heirs as parties.

Devajyoti Barman (Expert) 13 August 2010
Giving citations in the name of other legal heirs in a probate proceeding is a sine qua non.

Querist : Anonymous (Querist) 13 August 2010
Dear Mr. Kiran and Mr Barman .Thanks for your valuable advice. A will has been genuinly made by the Testator( of his free will without any undue influence and coercion) and this is his last will. The will is singed by the testator in presence of two witnesses and the witnesses also signed the will in presence of the Testator below and after the will signed by the testator.On what ground this will would be challenged.

Querist : Anonymous (Querist) 13 August 2010
The property inquestion is a self acquired property of the Testator

Chanchal Nag Chowdhury (Expert) 13 August 2010
Yes. All heirs in class 1 will have to be notified.

Koumarish Bhattacharya (Expert) 13 August 2010
Before answering this question one has to know whether the person bequething the property is governed by the Dayabhaga School of Hindu Law or the Mitakshara School of Hindu Law. Mr. Kumar's answer is for those governed by the Mitakshara School. In case of the Dayabhaga school, the position is somehow different. There is no difference between self acquired property and ancestral property. However, the other legal heirs must be made a party in a probate proceeding.

s.subramanian (Expert) 14 August 2010
i agree with Mr.Chanchal.

Querist : Anonymous (Querist) 14 August 2010
Thnks to all experts for their valuable opininion. There is one problem in it .Both the husband and wife while purchasing this property entered into an agreement (Family Arrangement) with their only daughter-in-law that daughter in will pay a certain amount ( around 1/3 of the total Sale proceed) to one of vendors ( out of two ,name mentioned in the agreement) and she will have right to stay in the property till her life. And also no transfer of property or third party interest shall be created without the consent of the said daughter-in-law.The payment made by daughter-in-law has been duly acknowlegdes by the vendors in the payment receipt.

Now the question arises Can the said dauhgter-in-law challenge the Probate proceeding on the ground that the aforesaid agreement restricts creating a third party interest without her consent.