Transfer of property

ashish (Querist) 01 May 2015 This query is : Resolved
My father made a Will before dying and it says that all his Property (House) will belong to his nephew (Sister's son)/( my cousin) after his death, but he is survived by his wife, son (me) & daughter (married now). My father also made my cousin nominee in all his bank a/c's, for which we have got the stay from court for some period and applied for the Succession Certificate. Can we challenge the Will?

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Devajyoti Barman (Expert) 01 May 2015
You can always challenge the Will. However if he in the fitness of his mental and physical state executed this Will with regard to his self acquired properties then the Will not be declared null and void.

I.S.Roy,Advocate (Expert) 01 May 2015
dear Ashish
Certainly you can but one thing you me clarification why your father had taken such stubborn decision and further give me clarification that he mentioned about the bank accounts in his will then I can give correct advice to that amounts

with regards
I S Roy, Advocate

ashish (Querist) 01 May 2015
But to transfer the property, will not the legal heir certificate be required from the court?

ashish (Querist) 01 May 2015
My father would torture us all mentally, so we decided to move out six years ago, he was physically fit till he succumbed to heart attack last month.

Guest (Expert) 01 May 2015
Mr. Ashish,

I apprehend your query to be of an academic nature, as your supplementary question, "But to transfer the property, will not the legal heir certificate be required from the court," suggests very clearly.

Even if there is any truth in your case, for your father taking such a harsh step against you, don't you feel that all the family members of your father would have been quite harsh in torturing him mentally and he even had to move out of his own house in his age meant for tender care leaving his own family?

So, on what ground you claim his property, as a matter of right?

So far as your question, "but to transfer the property, will not the legal heir certificate be required from the court," is concerned, has not your own lawyer answered your question?

You should not expect the experts to solve your academic query. Better read your course material or ask your own lawyer to help you through whom you have taken stay against the nomination by your father.

ashish (Querist) 01 May 2015
We moved out of the house...means...me, my mother and sister stayed on rent, while we were studying, so that everyone will be in peace, my father stayed in his house, for which my mother's father had given money to buy house.
And for legal heir certificate, I am talking about the nominated person who will need the heir certificate or not.
And this is not an academic query