Succession through Registered Will
Querist :
Anonymous
(Querist) 12 January 2011
This query is : Resolved
My aunt has lived with me for the last ten years and died at the age of 80 years. We are three brothers who are legal heirs of her property. Being satisfied with my services, my aunt has made a will in my favour, which is registered. According, to the wording of the will, I shall have to take care of her through out her life and after death I shall arrange for her funeral and last rituals as per hindu religion and would be entitled to all her moveable and immoveable properties after her death. I have done all the formalities alone. Her property has been under my supervision for the last ten years, but after her death my other two brothers are trying to take possession of 2/3rd of her immoveable property. Transfer proceedings are under process but succession has not yet been effected in my favour.
I want to know whether:
Should I allow them to take possession of 2/3rd of my aunt’s property on the plea that succession has not yet been effected in my favour?
Shall my parting with the possession of 2/3rd of my aunt’s property not prejudice my interest in the future or during the legal battle?
Can my brothers be refrained from taking possession of the property of my aunt, whom they have not served a bit in her old age, till finalization of the succession proceedings?
Devajyoti Barman
(Expert) 12 January 2011
1.Definitely not, possession is 9/10th of titile. Do not waste time anymore and apply for probate asap.
2.Yes it will.
3.Yes and hence you may file a suit for declaration and injunction in that regard.
Querist :
Anonymous
(Querist) 18 January 2011
Transfer / succession proceedings are already going on in the office of Naib Tehsildar. Can parallel action regarding suit for declaration and injunction be initiated, and if so, in which court such a suit is to be filed.
For information of learned experts, I may submit that registered will (original) was with me, which has been submitted in the office of Naib Tehsildar for effecting succession in my favour. Opposite party has filed objection. Counter objection is to be filed by my advocate. Thereafter evidence process shall take place.
What is a probate and how it has to be obtained.
Further, can opposite party approach civil court for staying succession proceedings going on in revenue department? In such a situation, what should I do so that possession remains with me and if the opposite party tries to take possession forcibly I may take help of police authorities on the basis of some legal document in my favour.
Is it not a rule that a legatee has a vested interest in the legacy from the day of death of the testator? Will it not be of help to me for seeking police help?
Thanks,
Querist :
Anonymous
(Querist) 28 January 2011
In the above-mentioned case, I along with my aunt had gone to "A" which is district headquarter under which Tehsil / Sub-registrar office "B" falls and the property in question is located in tehsil "B", district "A".
We had gone to "A" to attend a marriage function. There as per the wish of my aunt the will was executed and registered in the Registrar Office at "A". In the will permanent address as well as temporary address of stay at "A" (i.e. hal mukam) were mentioned, where we had stayed for about 25 days only.
Please advise whether mention of temporary address of stay and execution and registration of will in the Registrar Office at "A" instead of Sub-registrar Office at "B" will have any adverse impact on my succession to my aunt's property bequeathed through the will.
