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Aarti Sharma   27 December 2017

Doing will of a property received via will from father

Hello Experts,

My Grandfather has constructed a property for which he has executed a registered will in favour of my Father, Uncle and two buha's each having a separate part of the building.

My uncle has executed a will with the consent of his legal heirs (i.e. wife, 2 son's and daughter with there sign as witness in the will) in my favour and after his death we have got the will from legal heirs and we have registered that will with uncle's wife and elder son as witness and also applied for Letter of administration in court with legal heirs consent.

Need your advice to make sure this will cannot be challenged by legal hiers in future and things to do to make sure i can sell this property without any issue.

Any advice or suggestion would be highly appreciated.



 
 
 


Learning

 12 Replies

Kumar Doab (FIN)     27 December 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     27 December 2017

 

As per your post:

-The WILL has been witnessed by legal heirs ( ClassI) of testator.

-The WILL is registered.

-and apparently has been duly acted upon without any cloud on IT with NOC/consent of legal heirs of testator.

The merits are apparently on your side.

1 Like

Kumar Doab (FIN)     27 December 2017

You are apprehensive of which remaining ClassI legal heir/Legal heir of deceased uncle (testator) and why?

Hope the death certificate, legal heir certificate, certified copy of the WILL etc etc all are submitted by you!

 

 

1 Like

Aarti Sharma   27 December 2017

Yes we are hindu

Kumar Doab (FIN)     27 December 2017

Registered WILL is not easily set aside atleast on counts of authenticity.

Aarti Sharma   27 December 2017

"Hope the death certificate, legal heir certificate, certified copy of the WILL etc etc all are submitted by you!"

Yes above said documents are submitted by me.

 

"You are apprehensive of which remaining ClassI legal heir/Legal heir of a deceased uncle (testator) and why?"

There are no other legal heirs, all of them have given their consent and witnessed in the registration of will.

I am looking for a suggestion or any action i need to take to make sure this property i can safe gaurd which i can sell to third party without any issues from legal hiers in future.

Like i have applied for Letter of administration in cour with there consent.

Do you see any option left out for them where they can challenge this will in future? As of now am giving them a favor so they agreed to support us in getting this WILL testified in court but in future they may not come in our support.

Kumar Doab (FIN)     27 December 2017

Originally posted by : Aarti Sharma


Hello Experts,

My Grandfather has constructed a property for which he has executed a registered will in favour of my Father, Uncle and two buha's each having a separate part of the building.

My uncle has executed a will with the consent of his legal heirs (i.e. wife, 2 son's and daughter with there sign as witness in the will) in my favour and after his death we have got the will from legal heirs and we have registered that will with uncle's wife and elder son as witness and also applied for Letter of administration in court with legal heirs consent.

Need your advice to make sure this will cannot be challenged by legal hiers in future and things to do to make sure i can sell this property without any issue.

Any advice or suggestion would be highly appreciated.



 
 




 
 

 

GO thru your post with the color code; Blue.

and my previous last post as well.

 

Kumar Doab (FIN)     27 December 2017

Originally posted by : Aarti Sharma
"Hope the death certificate, legal heir certificate, certified copy of the WILL etc etc all are submitted by you!"

Yes above said documents are submitted by me.

 

"You are apprehensive of which remaining ClassI legal heir/Legal heir of a deceased uncle (testator) and why?"

There are no other legal heirs, all of them have given their consent and witnessed in the registration of will.

I am looking for a suggestion or any action i need to take to make sure this property i can safe gaurd which i can sell to third party without any issues from legal hiers in future.

Like i have applied for Letter of administration in cour with there consent.

Do you see any option left out for them where they can challenge this will in future? As of now am giving them a favor so they agreed to support us in getting this WILL testified in court but in future they may not come in our support.

 

If one ClassI legal heir did not witness while registering the WILL and apears in court while LoA is being heard by court, IT is in your favor.

Cover all ClassI legal heirs i.e. Mother (if alive as on date of death of testator), Wife  (if alive as on date of death of testator), sons, daughters....................

 

IT has also been guesed from your posts/query that property that was built by grandfather was self acquired in the hands of grandfather...

Aarti Sharma   27 December 2017

Yes it was self acquired (constructed) by the grandfather. My grandmother died before this will was written by my uncle.

While registering the will they consider only 2 witness that is the reason we have presented my aunt and elder son of an uncle.

In LoA proceedings, we have presented consent affidavit of all 4 legal heirs as a supportive document for the consent of will.

Kumar Doab (FIN)     27 December 2017

NO comments on favors as posted by you.

 

Your own senior LOCAL very able senior counsel of unshakable repute and integrity specializing in testamentary/succession matters and havig successful track record and well versed with your matter can advise you the best

1 Like

Kumar Doab (FIN)     27 December 2017

The procedure forms etc are explained at jurisdictional HC wbsite.

Take help of your own lawyer and let all legal heirs validate before court in person on record.

 


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