Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Parth Chande   22 April 2017

Probate of Will

Dear Sirs/Madams,

If X (Hindu) has three properties, 1) ancestral, 2) tenanted shop/house (rent receipt not in his name but in the name of earlier occupant) and 3) self accuqired property (all immovable).

X makes a Will and bequeates all his properties equally between his wife and two sons (x also has four other daughters).

X dies somewhere in the year 2013.

Please let me know the validty of the Will and if it can be probated as I understand that ancestral property or property not owned cannot be bequeated. I am concerned if the will can be partly probated for property no. 3, that is self acquired property.

I also need your help in knowing the juridiction of the court as under property no. 3, some are in Mumbai and some in Gujarat.

I will be thankfull for your help.

Regards,

Parth

 



Learning

 15 Replies

Dr J C Vashista (Advocate)     23 April 2017

Probation of will is compulsory in Bombay/where immovable property of the will is situated.

The testator could have bequeathed his share in ancestral property wherein s/he has no right, title, claim or interest on the share of other coparceners.

 

Parth Chande   23 April 2017

Thank you for your reply Dr John C Vashistha, but my concern is still not resolved. The immovable property is in Gujarat as well as in Mumbai. So do I need to separately probate it at both the places or in Bombay I can do it for both the properties. Moreover, Mr X's undivided share will on its own go to his widow and children (including the daughters), please confirm if he can make a Will for his share excluding daughters. Lastly and most importantly, if there are lacunas as mentioned in Mr X's Will, can it still be partly probated for the properties wherein Mr X's has clear title. Regards, Parth

Parth Chande   23 April 2017

Thank you for your reply Dr John C Vashistha, but my concern is still not resolved. The immovable property is in Gujarat as well as in Mumbai. So do I need to separately probate it at both the places or in Bombay I can do it for both the properties. Moreover, Mr X's undivided share will on its own go to his widow and children (including the daughters), please confirm if he can make a Will for his share excluding daughters. Lastly and most importantly, if there are lacunas as mentioned in Mr X's Will, can it still be partly probated for the properties wherein Mr X's has clear title. Regards, Parth

Parth Chande   23 April 2017

Thank you for your reply Dr John C Vashistha, but my concern is still not resolved. The immovable property is in Gujarat as well as in Mumbai. So do I need to separately probate it at both the places or in Bombay I can do it for both the properties. Moreover, Mr X's undivided share will on its own go to his widow and children (including the daughters), please confirm if he can make a Will for his share excluding daughters. Lastly and most importantly, if there are lacunas as mentioned in Mr X's Will, can it still be partly probated for the properties wherein Mr X's has clear title. Regards, Parth

Parth Chande   23 April 2017

Thank you for your reply Dr John C Vashistha, but my concern is still not resolved. The immovable property is in Gujarat as well as in Mumbai. So do I need to separately probate it at both the places or in Bombay I can do it for both the properties. Moreover, Mr X's undivided share will on its own go to his widow and children (including the daughters), please confirm if he can make a Will for his share excluding daughters. Lastly and most importantly, if there are lacunas as mentioned in Mr X's Will, can it still be partly probated for the properties wherein Mr X's has clear title. Regards, Parth

Parth Chande   23 April 2017

Thank you for your reply Dr John C Vashistha, but my concern is still not resolved. The immovable property is in Gujarat as well as in Mumbai. So do I need to separately probate it at both the places or in Bombay I can do it for both the properties. Moreover, Mr X's undivided share will on its own go to his widow and children (including the daughters), please confirm if he can make a Will for his share excluding daughters. Lastly and most importantly, if there are lacunas as mentioned in Mr X's Will, can it still be partly probated for the properties wherein Mr X's has clear title. Regards, Parth

Kishor Mehta (CEO)     23 April 2017

Sir, The Will has to be probated at the Court jurisdiction of his last place of residence. Good luck, Kishor Mehta

P. Venu (Advocate)     23 April 2017

How is that property is ancestral?

Parth Chande   23 April 2017

Mr X's had inherited it from his forefathers

Dr J C Vashista (Advocate)     23 April 2017

It may be filed at either of the Court in Mumbai or Gujrat, in single petition.

Undivided share of deceased shall go to all of his LRs.

Let the lacunas in the Will be pointed out by opposite party, do not get involved/perturbed at this stage. Possiblly it may go unnoticed then you shall be benefitted.

My first name is "Jagdish" and not "John" please mention it correctly if you so desire, which is otherwise, not required.

 

Parth Chande   24 April 2017

Thank you Dr Vashistha, I apologise for the typo error, your help is much appreciated. Please assist me with a final query, if one part of the Will is defective (property not owned and ancestral property bequeathed), will it make the whole Will Void ? I understand that as per you we should try to pass off the lacunas as well but my question is will the lacunas in any way affect the valid part of the Will ?

P. Venu (Advocate)     24 April 2017

If the property has been inherited through a partition deed or family settlement it cannot be considered to be ancestral.

Dr J C Vashista (Advocate)     24 April 2017

I agree with expert Mr. P Venu, it differs from case to case and nothing can be opined and advised without going through the documents and relevant information qua subject matter.

Kumar Doab (FIN)     25 April 2017

Agreed with Mr. P.Venu and Dr.J.C.Vashista.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register