28 July 2009
Is it necessary to register a will? If so & if not can you please mention the relevant law,section/case law? Plentif's father had self earned property. He passed entire property to his elder son only child alive. His younger son was deceased much earlier. Plentiff's father had written a will in his own handwritting, with a doctor and a CA as witnesses;in which he decleared the only alive son as legal heir and extended complete ownership of the property. Can the widow of the deceased brother still claim share in the property?
28 July 2009
It is not essential to register the will, according to the facts of the case the elder son is the legal heir to the entire property, the deceased brother's wife cannot have claim over the property.
29 July 2009
Plentif is seeking heirship certificate from Tahsildar. Tahsildar says that in this case as per Hindu code bill, he has to declear both The son and the widow as heir. He can't accept the will. If plentiff has to get remedy he should approach the court. can the plentiff get the tahsildar drop the name of the widow based on the will?
30 July 2009
1- Legal Heir Certificate , is , as per the close Family members & relationship/s
2- Entitlement of the property is as per the Will deed directions !
3- In the legal Heir Certificate the other family memers names are included , it is not delcaration that they are entitled to the proerty against the Will deed directions ! Apply the same to your case facts !