Probate on will
KETAN J SHAH
(Querist) 14 June 2016
This query is : Resolved
Respected Sirs,
My father expired 2 months ago leaving behind a unregistered will.All his assets have been devolved upon me. He has 20% share in the immovable property. More specifically he has 20% share in the Rent paid by Bank.As per will I am the beneficiary of the will.But Bank says they cannot give this 20% to me as I have not probated the will. I said that I am ready to share this 20% with the other 3 members of the family who are my brothers wife,son and daughter. (My mother and my brother have already expired.) so that I do not have to go for probate. Even this Bank is not ready to accept. They have stopped paying the Rent to all of us unless and until the matter is sorted out.
Sir please let me know that can I share the 20% Rent with the other 3 members so that the process of obtaining the probate can be averted. We do not have any dispute among ourselves.I am a bachelor so in future all my assets will go to the above 3 members.I do not have any objection to sharing.How can I convince the Bank
Please advice me urgently
Thanking you in advance
Kumar Doab
(Expert) 14 June 2016
The assets are which location?
What is the opinion of your own counsel?
Obtain NOC from all ClassI legal heirs of your father and submit the copy to bank, under proper acknowledgment.
Rajendra K Goyal
(Expert) 14 June 2016
Has the Bank refused to pay rent in writing?
Get the property transferred in your name to the extent of your entitlement on the basis of will.
Claim the rent in writing, send copy of transfer proofs. No need of consent of other legal heirs for claim.
If not paid, send notice for vacating the premises for non payment of rent and claim damages.
Send notice to Head office also and make them party in the case.
Kumar Doab
(Expert) 14 June 2016
You have posted that:
"My father expired 2 months ago leaving behind a unregistered will.All his assets have been devolved upon me."
The authority that has accepted the unregistered WILL for purpose of transfer must have asked for NOC from other legal heirs.
If that is the case you must be having the copies and these should suffice.
Rest act on the advise of Expert Mr. Goyal, and communicate under proper acknowledgment.
Devajyoti Barman
(Expert) 15 June 2016
Well, in many states taking of probate is mandatory in absence of which the Will is not legally acceptable.
It appears in your state it is compulsory.
If that is so then apply for Probate of Will.
Kumar Doab
(Expert) 15 June 2016
The author has not replied to any point raised so far.
KETAN J SHAH
(Querist) 17 June 2016
Respected Sirs,
I am extremely sorry to have posted the query in the new thread as that day I was unable to continue in the same thread.
Now I say that I am the beneficiary in the will made by my father .I do not intend to go for Probate as it is very time consuming and tedious procedure. ( I have undergone this at the time of my mothers death)
Even though I am the beneficiary in the will and as I do not want to go for probate but I am willing to share the 20% share with the other 3 members of the family. Sir I would like to know that in this circumstance am I required to go for probate.And what should be the procedure to convince the Bank. Can I give my fresh affidavit to the bank as they are not taking the matter seriously and they have stopped paying the Rent to all the other members including me saying that unless the matter is resolved Rent cannot be paid.
Can the Bank withhold the rent in this circumstances. Please advice and give your opinion.
I am once again very sorry
Thanking you in advance
Kumar Doab
(Expert) 17 June 2016
The author has not replied to a single point raised so far by all contributing experts.
e.g;
The assets are which location?
What is the opinion of your own counsel?
Obtain NOC from all ClassI legal heirs of your father and submit the copy to bank, under proper acknowledgment.
Has the Bank refused to pay rent in writing?
'in many states taking of probate is mandatory in absence of which the Will is not legally acceptable.
It appears in your state it is compulsory.
If that is so then apply for Probate of Will.'
The author is extending his version without answering any point so far.
It is felt that the existence of WILL has been disclosed to bank and others.
Once it has come to light bankers and bank and others shall not adopt a faulted approach and risk their own employment and establishment.
The author needs to reply at the first instance to all points, if he wishes to have some opinion and take the thread further with some meaningful approach.
