Will
Querist :
Anonymous
(Querist) 13 December 2018
This query is : Resolved
Respected Sir,
How to sale/cancel the willed property which belongs to minor. Actually the testator has died. Please advise me the rules
regards And thanks
Kannusamy
kavksatyanarayana
(Expert) 13 December 2018
Before posting query you have to disclose your identity as per rules of this forum. However, Minor property cannot be sold without getting permission from the court. If any one buy the minor's property, that is not valid.
Kumar Doab
(Expert) 14 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 14 December 2018
Which personal law applies in your case?
Are you all Hindu?
The testator has bequeathed whole property by WILL or part of IT?
The property as in WILL is self earned/acquired, share from ancestral in the hands of testator?
Is the WILL registered and/or valid as per your own LOCAL counsel?
Has testator named an Executor/Administrator in the WILL?
Has testator narrated any arrangement for beneficiary (minor at present as in query) till beneficiary attains majority?
Has any Guardian been appointed by court and under provisions of which Act/Law?
Confirm!
Kumar Doab
(Expert) 14 December 2018
Any person that is capable of holding property can be beneficiary/devisee in WILL !
A minor can be bebficiary in the WILL!
The beneficiary in the WILL is alive.
The last wish of testator in (valid) WILL is supreme. The court endeavor to execute the last wish of testator in (valid) WILL.
The testator has died. So who will cancel the WILL? Probate Court can decide if the WILL is valid or not!
The beneficiary is minor. The court can decide to manage the estate or dispose the estate of minor. Since testator has left WILL and if valid then court shall look into narration in WILL and welfare of child and decide the matter.
The WILL is mere piece of paper until IT is duly acted upon without any cloud on IT.
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Generically speaking; The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally and comply with procedure.
So during the process to act upon WILL the contest to WILL (if any) may come up and court shall decide the matter inclduning but not limited to ; the WILL being valid or not.
If WILL is valid then probate shall succeed.
If WILL is invalid then succession shall set in and legal heirs as per provisions of personal law that applies get their share including minor.
Kumar Doab
(Expert) 14 December 2018
Minor cannot dispose the property whose title vests in minor.
The Guardian/Natural Guardian; usually prents (until or unless parents are turned inappropriate to the satisfaction of court) can approach the court for prior permission to sell property/share of minor. Court shall decide the matter.
Kumar Doab
(Expert) 14 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Testamentary Succession/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
In the meantime you may go thru;
THE INDIAN SUCCESSION ACT, 1925: CHAPTER VII Of void Bequests
http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
Dr J C Vashista
(Expert) 15 December 2018
Get guardian of property be appointed and seek permission of District Judge for sale of property acquired by minor by way of will.
Guest
(Expert) 15 December 2018
First show the Will to an Local Advocate and Confirm whether Probating the Will to be Completed.
Guest
(Expert) 15 December 2018
Why are you in hurry to Sell a Minor's Property please.
