Execution of will
Querist :
Anonymous
(Querist) 03 June 2011
This query is : Resolved
I regret to state that I have lost my father on 24 Mar 2011 at the age of about 80 and my age is 55 years.He has made a will for the only house he owned at Bhilai / Durg ( Chattisgarh state) ( with his life time efforts) and as per his will he has nominated as beneficiery of the house.The spirit behind the will is that I dont own a house while other two have. All moveable assets have individual nomination. Other wise I have younger brother and sister. The will has been prepared by an Advocate and it is registered also.Secondly as per writen intructions on envelopewe my brother and self have jointly opened the envelope. we have Also I am a retired defence officer. I had approched the same adovocate for necessary support. He sent me a draft filing a case to Tahsildar but against my brother and sister. We have excellent relations and I dont want any hitch arising out of this.So I am in fix and not able to take decision.
Now please advice me :
What is exact procedure for enacting the will? does advocate who prepared the will have some responsibility?
Do I have to file a case in court against my brother and sister or better alternative is available
Iwhat will be the expenses for execution of will
I am working at Ludhiana and hence would not be able to frequently visit Bhilai. Can the case be filed here localy or any other option
Further for registration what will be the expenses, stamp papers etc. i am a retired defence officer does that give me any benefit
Would appreciate your advice to extend possible. Can concuurence obtained by me from my brother and sister will help?
R.Ramachandran
(Expert) 04 June 2011
Dear Anonymous,
If you have excellent relationship with your brother and sister, then you should have no problem whatsoever in giving effect to the Registered WILL without any hitch.
Get the property mutated in your name on the basis of the Registered Will. If need be, get the consent letter from your brother and sister saying that they have no objection if the WILL is given effect to and the property in question is mutated in your name.
