Unprobate registered will
Ayan
(Querist) 18 May 2023
This query is : Resolved
A person (A) got around 100 Bight property from his father by a partition deed in 1953.
The person died in 1972 (A) leaving behind 1 son(B) and 5 daughter (C).
The son(B) sell, gift all the 100 bight between 1980 to 2006 hiding the fact he have 5 daughter.
Some property have been re- transferred.
I am son of one of the daughter , I want to claim my grand father(A) property.
I have filed case in District court, Now the son(B) has procured a will which was registered in 1962
and showing some signature that all 5 daughter has stated "no demand".The daughter signature was
made at home not in registry office.The will was not probated.The property is in west Bengal.Nither the will
verified by any government authority.
My question is
1)In west Bengal , unprotected registers will is considerable in court ?
2)My grandmother signature is mismatching in my and family member eyes , can we take step if the signature
is false ?
3)Can a person transfer a property without probate of will in west Bengal ?
4)Ancestral property can be willed to son only while there is 5 daughter ?
kavksatyanarayana
(Expert) 18 May 2023
Probation of a Will is compulsory in Calcutta (Kolkata),Chennai and Mumbai. As it is already in court, you can prove that it is not real one and fake. Discuss with your advocate.
T. Kalaiselvan, Advocate
(Expert) 18 May 2023
1. You are the son of one of the daughters, if your mother is alive you cannot claim any share in it as a right.
However if your maternal uncle has sold the properties by the virtue of a Will on his name, there is no legal infirmity in it.
The NOC by daughters to your uncle to acquire the properties as per the Will is a general practice because even otherwise your mother or maternal aunts cannot claim any share in the properties which were already bequeathed in the name of your maternal uncle by yor grandfather during his lifetime,
It is not mandatory to get the Will probated
Moreover as far as your mother or your maternal uncle is concerned, it is not ancestral property it was their father's property who inherited the same by a partition deed, thus it becomes his self acquired property.
In my opinion your case may not sustain or maintainable.
Dr J C Vashista
(Expert) 19 May 2023
Question wise answer is:
Q 1) In west Bengal , unprotected registers will is considerable in court ?
Ans: What do you mean by the term "unprotected registers will" used by you, which is not clear and a legal terminology.
Q 2) My grandmother signature is mismatching in my and family member eyes , can we take step if the signature is false ?
Ans: When you came to know about forgery committed in the signature, did you get them verified / sent to CFSL for authentication and initiate legal action against wrong doer/ accused?
Q 3) Can a person transfer a property without probate of will in west Bengal ?
Ans: It is compulsory to probate the will in West Bengal
Q 4)Ancestral property can be willed to son only while there is 5 daughter ?
Ans: No, the will is void, but did you challenge its execution ?
It is better to consult your lawyer for appropriate analyses of facts. proper opinion and advise.
Ayan
(Querist) 19 May 2023
Thank you Mr.kavksatyanarayana , for your valuable advice
Ayan
(Querist) 19 May 2023
Thank you T. Kalaiselvan, Advocate , for your valuable advice
Ayan
(Querist) 19 May 2023
Thank you , Dr J C Vashista for your valuable advice
Ayan
(Querist) 19 May 2023
Then in West Bengal , if a will is not probated but the property sold by willed person ,
legal hears can claim the will and sale deed void (West Bengal) ?
and make their claim ?
Ayan
(Querist) 19 May 2023
Dear Mr. Dr J C Vashista
"unprotected registers will" is a typing mistake , it would be unprobated registered will.
Yes , we have file Title suit 352/2023 for did cancellation and another suit for partition
before Baruipur District Court , West Bengal.
Dr J C Vashista
(Expert) 19 May 2023
Cancellation of will and partition with possession of the property has to be (mandatory) in sole (single / same) suit and not another suit, otherwise, it would attract the provisions of Order II Rule 2 of the Code of Civil Procedure, 1908, please check with your lawyer.
T. Kalaiselvan, Advocate
(Expert) 21 May 2023
It is not mandatory to obtain grant of probate to Will in West Bengal or anywhere i India except in three cities in India, i.e., Calcutta, Bombay and Madras.
If the beneficiary is acquiring the property as per Will and the other legal heirs feel being deprived of the privileges in the property, they can approach court challenging the Will and acquisition of property through Will.
However then it becomes necessity to prove the Will by the propounder.
The propounder of the Will is called upon to show by satisfactory evidence that the Will was signed by the testator, that the testator at the relevant time was in a sound and disposing state of mind, that he understood the nature and effect of the disposition and put his signature to the document on his own free will.
