Validity of will
milind phope
(Querist) 23 February 2012
This query is : Resolved
AS per my knowledge the probate means the genuineness of the will endorsed by the competant court.
Now my mother's will made in 1989 is genuine but immovable property described was no longer in legal possession of my mother because ,just before her sad demise in 2004 she had surrendered this property in 2002 with all her rights, to the concern society..
Now besides above property all other movable items and valuables were in her possession can be distributed as per the will.
So how the probate court will act on this status regarding 1) immovable property and 2) other movable items.?
Does the court asks the present status and proof of the ownership of this property.?
Raj Kumar Makkad
(Expert) 23 February 2012
Probate includes decision of all such disputed facts. As the testator was not owner of the immovable property on the day of her demise so no execution can be got effected to that extent and if all other properties are ok then the distribution shall be made accordingly.
milind phope
(Querist) 23 February 2012
Dear Rajkumar saheb,I do agree to full extent with your saying and also I honour it, but my basic query is:
Does the court ask or rather enquire about the documental proof,regarding, authentic status of the immovable property described in WILL at the time of giving probate.???
prabhakar singh
(Expert) 23 February 2012
No is my answer to your particular question!!!
milind phope
(Querist) 23 February 2012
Yes sir,but the question arises in my mind that,which court,I should approch to make the arrangement made in WILL for the property,null and void.??
