Help with this case....

CA Student + Graphologist + Accountant + Audit Assistant

Please read calmly and reply.

There are 3 brothers and 2 sisters of a couple.

A will is executed by Father of this 5 in which some property is entered and some not and will is unregistered even after 15 years of the dead of Father.

In will maximum property is in name of 2 brothers and one property in which father was partner was to be given to 3rd son [3rd son and father are partners in this property, it is a business place/agency] in whose name no other property was written.  And one another property to be given to his wife after his death and after wife's death, it is to be distributed between 5 brothers & sisters equally.

Now, all the expenses for 20 years are done from income of 3rd sons property/business.

Father passed away and mother passed away after few years of him.

will is still unregistered.

Now problem is 3rd son wants NOC [No objection certificate], as per terms of company whose agency he has.
Company wants in written that your other brothers & sisters have no problem to give you business wholly.

 

 sisters and one brother has given no objection certificate but one brother is not agreeying to give because he says to give in written that you don't want property which was in mother's name. it will be only of 2 sisters and 2 brothers.

Now what should be done? to save business/agency, NOC is needed and how it can be we do not want property?

In will it is clearly written that all childrens have equal right.

Can we registered will?

Does we need all brothers & sisters to get will registered?

Please tell all the possible outcomes.

Please it's urgent....

 
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Legal Consultancy/Advocate

Anki, the will can now not be registered. It can be probated by a court. That too only within the 2 years of the death of the Testator. Also, engage a Lawyer and distribute the assets as bequeathed and devised in the Will. Who are the Executors of the will?? They need to act as mentioned in the Will. No one can go against it!!


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Legal Consultancy/Advocate

any grey areas of the will need to be worked out and ironed out by a Lawyer only. do not waste time. Please go talk to a lawyer with a copy of the Will and mention all the facts.

 

In will it is clearly written that all childrens have equal right. - All right over what?? over which property??

Now problem is 3rd son wants NOC [No objection certificate], as per terms of company whose agency he has. - NOc for which property?? if it is for the property to be given to the third son's wife? or to his own self?


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CA Student + Graphologist + Accountant + Audit Assistant

3rd sons agency is to be given to him after his father's death and to his wife after him...

 

sir,....father died suppose 15 years ago n mother now 6 months ago..in 2014...then can will be registered?

but will is signed by father..it is his will...

 

n other point is...can will be registered by witnesses?

sir other que is....if 3rd son..just to save his business/agency.....from which his earnings comes....gives in written that all other brothers n sisters take the property n take noc from them for his business then too property will be given to him? becoz you said "Who are the Executors of the will?? They need to act as mentioned in the Will. No one can go against it!!"

 
Reply   
 

1. You can not register the Will executed by your father. It was to be registered by your father when he was alove,

 

2. However, it is not mandatory to register an Will,

 

3. What is required is to apply for grant of probate from the Court & till probate is granted, the said will has no value,

 

4. File a probate application immediately & once probate is granted, all your problems related to your father's property will be over.

 
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CA Student + Graphologist + Accountant + Audit Assistant

Sir how to grant a probate and what it is?? Also how problem will be solved.
 
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CA Student + Graphologist + Accountant + Audit Assistant

Sir how to grant a probate and what it is?? Also how problem will be solved.
 
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Advocate

You shall have to file a Probate application in the civil court. Take help of a local civil lawyer who can guide you in the matter.

 
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Legal Consultancy/Advocate

anki, you cannot register the will. that is the final answer. 

Probate can be applied in the Court having jurisdiction where you reside. You need to engage a lawyer. He will tell you to sign a vakalatnama (it is a paper in which you are allowing a lawyer to file the application on your behalf). then all the names of the legal heirs will be recoreded in the Application with a detailed list of the movable assets (such as jewwllery, shares, debenturse, cash bank accounts vehicle etc) and immovable assets as well. 

accordingly advertisement in local paper wil be put to object the said probate

later probate is issued!

all in all - about 6-10 months is the process

 
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Legal Consultancy/Advocate

Anki, also you will need to file probate within two years of the death of the testator.

Testator is the person who has made the will.

one who has not made a will and dies is called  - INTESTATE

i hope all of the above helps.

 
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