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Property will

(Querist) 02 April 2013 This query is : Resolved 
My cousin uncle has no daughter or Son. He has only adopted dughter whom got marriaed now. My cousin anty ( whom name had property) made registered will in the fovour of my wife name. In the will described as adopted son' wife in the favour of my wife.In the registered will my cousion uncle has singned. one my Closer and one my Father has signed in the registered will for Evidences. In the will, My Fife Name , in the place of hasband name - my name and in the name of Place (which register will done and we are living with my cousin Uncle) are mention.Now my Cousin anty has got death.

Now I have Confusion that to sign on will of my father as evidence will be legally right ?

As above mention that in the will mention as adopted son' wife-would be creat any problem to take my Fathers Property ? And also want to will probate from court- in this process court may be creat any problem because i'm not adoptted Son.

Is any process to amendment of this line as "adopted son' wife" by Court or registry Office.

second is that now my cousin uncle want to give propert to his adopted daughter. so in the process of will probate from court is it possible to creat any objection from my cousin uncle or his adopted daughter side ?
Bihar-Patna
ajay sethi (Expert) 02 April 2013
apply for probate of will . since your cousin aunt has bequeathed property in favour of your wife she would inherit the property . contact a local lawyer .

your cousin uncle cannot give property to his adopted daughter as property was belonging to your cousin aunt .

other legal heirs can challnge the will but if it is signed by your aunt in front of 2 witnesses you have nothing to fear
prabhakar singh (Expert) 02 April 2013
" In the will described as adopted son' wife in the favour of my wife.In the registered will my cousion uncle has singned. one my Closer and one my Father has signed in the registered will for Evidences."

This very false description itself is enough to demolish the will if her married adopted daughter comes to assail this will after testator's death.

Were you ever adopted by your cousin uncle?

Do you write his name as your father?

Have you been to school?

Does your certificates mention your cousin uncle's name as your father's name? or it is your natural father's name recorded there?


WHEN THE PROPERTY BELONGS TO YOUR COUSIN AUNT,SHE CAN GIVE IT BY WILL EVEN IF YOU ARE NOT HER HUSBANDS' ADOPTED SON.

IF THIS WILL IS NOT REGISTERED THEN GET IT TORN IF YOU ARE NOT LEGALLY ADOPTED BY THEM.

SHE CAN WRITE A FRESH WILL IN YOUR FAVOR.

CONSULT A LOCAL CIVIL LAW LAWYER.
prabhakar singh (Expert) 02 April 2013
"Is any process to amendment of this line as "adopted son' wife" by Court or registry Office."

ONLY YOUR AUNT CAN DO IT NOT YOU.

"second is that now my cousin uncle want to give property to his adopted daughter. so in the process of will probate from court is it possible to create any objection from my cousin uncle or his adopted daughter side ?"

PROBATE OR LoA CAN BE APPLIED ONLY WHEN TESTOR HAS PASSED AWAY.
IS IT SO THAT YOUR COUSIN AUNT TESTATOR OF WILL IS DEAD?
R.K Nanda (Expert) 02 April 2013
no more to add.
Devajyoti Barman (Expert) 02 April 2013
sufficiently advised, act as advised.
Raj Kumar Makkad (Expert) 02 April 2013
Well advised by experts on all aspects of the query.


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