Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Narayan Singh (Quality Analyst)     09 April 2014

Requirement of probate over registered will

Hello sir ,

 

With reference to above mentioned Subject under title ,  we are two families of the deceased , i belong to second mother , my father owned a flat in thane district , before his death , he had made a registered will where in we second family been nominated by giving a share into percentages amongst  my mother , brother , sister & me.

We have submitted all the legal documents to society  7 months back  from now in order to  transfer share certificate on  my mother name . How ever , one of the step brother from first family  . have sent a legal notice to society , claiming his share in said property . On the based of this notice , Society has declined us to make transfer in my mother name.  Despite having written in will  clearly that , the children from first wife , does not hold any sort of claim in said property , still  society is not ready to do the needful. I would like to know the procedure to deal with said issue , what is the way out ? so according i will act upon it. . and my second question is what is cost of probate  and how its an important in my case ?



Learning

 2 Replies

Advocate Ravinder (Advocate/Attorney)     09 April 2014

Normally the society management will not go into the complicated civil disputes.  Basing of the will you have to fight the battle in the court of law and after getting decree of the court, the society can comply the order of the court.  Till then it will be kept in abeyance.  I do not know about the cost of probate in Thane, as in Hyderabad, there is no legal provision of probating of will. Consult local lawyers 

T. Kalaiselvan, Advocate (Advocate)     10 April 2014

The only solutions under the given circumstance is to probate the Will executed by your father in your favor after the grant of which by the court the society will be able to transfer the shares in favor of the person as decreed by court order.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register