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propert y through will

(Querist) 15 May 2008 This query is : Resolved 
Dear Sir

My father got one house acquired by my grandfather from his own money through will which is registered ( registered will ), my grandfather has 5 sons & 3 daughter. He gives exclusively to my father & he clearly state that no relative or any of his son or any daughter except my father is having any right over this. He died 4 year before & in that will 2 persons are witness in which one is my grand mother & one person is my dads friend . No will made after this registered will. Now we get named my father in Municipal cooperation also & from last 3 year my father is paying the municipal taxs ( house tax )of that property in his name.

tell me the more things what we have to do , No relatives lives in this house except my father family , but other brother usually comes here. Now they says that they need share in this will because they are not aware about that will & my grand mother also died.

tell me what we do so that if they sue us than we can help ourself.
Manish Singh (Expert) 15 May 2008
probate the will.
sanjiv (Querist) 17 May 2008
Dear Manish

Thanks for the reply but i am having certain queries

1. what is the steps of probation, do that involve any apperance of every person in court. Kindl tell me that

2.What is the harm if we dont do that. will is registered as well as we are having name in the municipal records

3. My father hesitate from any these type of proceeding. so tell me iif here is any other option because now they also come to know about this registered will.
Manish Singh (Expert) 17 May 2008
Probate will confer titles on you and other beneficiaries under the will by the court.
You need to file it for probation in the civil court of your area.The judge examines every part of the will and it's authenticity and finally transfer titles according to the will if found authentic.
You need to probate your will.Dont you worry, it's not kind of any lenghty litigation.
sanjiv (Querist) 17 May 2008
Dear Manish ji

either they will call our relatives or any other person also,
Manish Singh (Expert) 19 May 2008
yes the jugde can call for appearence of the concerned persons in the process.
sanjiv (Querist) 21 May 2008
Dear Sir

Is there any time limit in which we have file for probation.

if we already have our name in municipal records & we are payning all taxes like house tax water tax & we are also having one electricity meter ( out of 2 other one is in the name of my grand father we soon get in our name, So do still we have any harm if does not probate. it seems to be like probation , we alredy get title in our name or not ?

Still there is no litigation on either side only verbal communication is there so is there any need to do this.

Kindly told us any if there is any option other than this which does not involve court procceding
Manish Singh (Expert) 21 May 2008
Paying taxes does not mean that you have got the title on your name.
You need tto probate the will since some other relatives are disputing over it.
Dont worry about it, if you have an authentic will, you will get the probate in your favour.

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