Probate of Will
kalyani choudhury
(Querist) 20 June 2016
This query is : Resolved
My mother has filed a Will favouring her(my late fathers will) for Probate . She alone is the petitioner vs 4 children. She is above 80 yrs of age. What happens if she dies before the case is decided by the court ? The case ends and the property is equally divided into 4 shares ? Actually this case is a proxy litigation by the youngest son who resides in the property with my mother to grab the whole property and he has already got a will (registered)signed by my mother giving him the whole property to the exclusion of us 3 siblings before he got my mother to file the Probate case .In case she dies will my youngest brother continue with the case or my fathers property be equally divided into 4 shares ? My learned friends kindly advise . Thanks.
kalyani
Devajyoti Barman
(Expert) 20 June 2016
Yes, if she dies then her share will be equally divided among all his children making the case of probate infructuous.
However as long as that does not happen contest the case.
P. Venu
(Expert) 20 June 2016
Is it a Will that rquires to be probated?
Kumar Doab
(Expert) 20 June 2016
It is felt that you may contest the case.
Gather evidence of sickness, unsound mental health, WILL under coercion etc......
It shall help you in future.
kalyani choudhury
(Querist) 21 June 2016
Thank you very much Sirs, for clearing my doubts. I gather that in case of death of the petitioner, my mother, the property will be divided into 5 shares - 4 siblings and my mother .
Will my mothers share go to the youngest brother who has got her to make a will(REGISTERED) giving him the whole property? Is it that her share goes to the youngest brother and cannot be divided amongst all siblings ?Please clarify, I shall be ever grateful.
We three siblings have already contested the case.
Dr J C Vashista
(Expert) 22 June 2016
How did your mother acquire the property i.e., self acquired/inherited through her parents or inherited from your father?
Your youngest brother got a will registered in his favour, as stated by you; whether your mother was in a fit state of health for deposition; there was neither any threat, inducement, coercion, allurement or pressure of any sort? Whether the witnesses shall agree to depose that the testator has signed/put thumb impression in his/their presence?
On the death of mother her share shall also devolve equally among all her sibling, i.e., 4 shares each, if she (mother) die intestate.
What is the opinion and advise of your lawyer? Why do you need the opinion and advise of experts on this platform; presumably being FREE OF COST???
kalyani choudhury
(Querist) 27 June 2016
A Very Sarcastic Remark indeed !This is an interactive platform benefitting the public and the lawyers too. As the questions are from different branches of law. Being a member of this club for many years ,I value the opinion of my learned friends in all matters. It increases my knowledge and CERTAINLY NOT BECAUSE IT IS FREE! My counsel was not very clear about this ,hence the question. I am already paying him. It is not free.
My mother does not own any property. The property is of my late father. The son staying on the property has forged a will 5 years after his death, in my fathers name and has filed it thro'my mother for Probate so the property goes to her and she has beforehand made a will favouring the son to the exclusion of us 3 other siblings. Therefore we are now contesting the case.
Kumar Doab
(Expert) 27 June 2016
There is nothing sarcastic, INDEED!
The thread may please be deemed as closed.
You could have posted in the 1st query itself that the WILL is forged.
If the WILL is forged AFTER 5 YEARS of death then it is crime/offence.
The scientific examination shall bring this out.
If the WILL is forged then it has no effect.
Rest the detailed advise has been rendered.
T. Kalaiselvan, Advocate
(Expert) 27 June 2016
The author should not use such hard words agaisnt the remarks or opinion given by senior and experts who are sacrificing lot of things which include their valuable time, energy and money to participate and render free advise to the needy. When experts put some queries across, it should not be taken as offensive, they are shot to know more clearly about the details of the query and its background to enable them to render more proper and accurate opinions/advises.
This type of arrogant behavior with our Senior expert Dr. Vashista by the author depicts his disrespect towards not only the individual but also a disregard to the opinion rendered by learned gentleman, who has a tall standing in the noble profession and who dedicates his knowledge here to the people who are in distress and need.
The remarks by the author is condemn-able.
Devajyoti Barman
(Expert) 27 June 2016
Mr Vashitha is a very senior expert of this platform and hence the author should apologise him.
Te thread should be closed as resolved
Rajendra K Goyal
(Expert) 27 June 2016
The author should avoid such words. Agree with the expert T. Kalaiselvan, Advocate.
Guest
(Expert) 27 June 2016
Ms. Kalyani,
Your reply, "I am already paying him. It is not free," intends to convey that since you are paying to your advocate, you consider the advice of experts here as not free for you. Do, you think that the experts here are compelled or obliged to waste their precious time and infrastructure in giving you free advice for and on behalf of your cousel, who was not very clear to give you satisfactory reply? Would he transfer the part of his fee to the experts here, as their share, who contributed to provide you solution?
Instead of taking proper cue of several other important aspects of the reply by Shri Vashista, as a precursor for the solution to your problem, you have picked up only the words "free of Cost" written by Shri Vashista to term that as "very sarcastic remark indeed."
The fact is that instead of being obliged and thankful to Shri Vashista, you have deliberately made sarcastic remarks against him.
You should know that arrogant querist don't deserve any free help.
So, you are obliged to apoligise for your remarks against Shri Vashista. If not, you should not expect any more help from this forum.
Dr J C Vashista
(Expert) 28 June 2016
@ Kalyani,
Thank you very much for your reaction to my opinion, suggestion and advise for which I am sure, you have not paid a single penny till date, despite the fact that I am entitled and should have charged for the same service (consultancy) had you not approached me on this platform.
You are a most un-grateful person and deserve to be ridiculed in harshest language, which have been communicated to you by the experts providing social service through this site, in polite and mild word.
Atrocious.
I am thankful to my learned colleague experts for condemning the remarks of such a stupid author.
I request the admin to delete the account of the author
Guest
(Expert) 28 June 2016
I endorse the views expressed by Dr. J C Vashista. Thankless and arrogant persons need condemnation by one and all.
T. Kalaiselvan, Advocate
(Expert) 28 June 2016
Even I endorse the view of learned and senior expert Dr. Vashista Sir and I earnestly request the LCI admin team to delete the details of the author immediately and also to discourage the people with similar intention/behavior in future to curb the menace of disrespecting the great experts of this forum.
kalyani choudhury
(Querist) 28 June 2016
Dear Mr.Vashista I am sorry you have been offended. I was too.I meant every litigant is paying his counsel.
I am thankful for your advise.This has been an unpleasant experience for me.
We interact on many other websites too like health,medicine ,taxes,travel etc. And help each other.
Guest
(Expert) 28 June 2016
Ms. Kalyani,
Unpleasant experience for the experts also, despite their voluntary free of cost service. You must respect those who try to help you without knowing whom they are helping, whethwer they actually deserve help, and without expectation of any benefit for them by doing so. They are neither paid by LCI, nor by the querists. If still they have to face such type of humiliation in the hands of the querists, the experts may some time have to think about stopping help even to the most deserving persons facing problems. People should not try to take undue advantage of such voluntary service of the experts.
Kumar Doab
(Expert) 28 June 2016
There have been instances of posting of atrocious and indecent comments by uncivilized authors and querist in Expert and Forum Sections at LCI.
Authors and Querists that are not respectful to experts doing selfless service are free to roam in any other forum.
I concur that the profile to disrespectful Authors and Querists should be permanently deleted by LCI admin.
The full contact details of Authors and Querists posting atrocious and indecent comments should be shared by LCI admin for initiating proper action by the experts.
Kumar Doab
(Expert) 28 June 2016
Experts may also look at:
http://www.lawyersclubindia.com/experts/Unregistered-sale-agreement-605361.asp
SAINATH DEVALLA
(Expert) 28 June 2016
The arrogant response by the author to the reply given by Sr Legal Expert Dr Vasistha clearly illustrates that this query is nothing but academic in nature.The author is here to seek assistance from legal experts and not make this a platform for irrelevant debates.Hence such type of replies should be avoided by people comming here for solutions.
Nothing more to add as this query has been ably attended to by all the experts.
SAINATH DEVALLA
(Expert) 29 June 2016
The author realizing his fault has abstained from further participation.
