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will procedure!!!

(Querist) 19 March 2008 This query is : Resolved 
dear sir

a relative of mine expired fews days ago he has written a will but not declared among his relatives,now all are fighting the property
and the person donot want to declare the will now so what to do and suppose the other relatives sue in the court,so it is better to produce the will in the court afterwards

what are the consequences could be faced!!

pls reply
Manish Singh (Expert) 19 March 2008
If the will is duly made (with two witnesses AND SIGNED AND EXECUTED), it will be enforced by the court.
But it depends upon the property also like if the property is ancestral, will is not going to be worthy in the court of law.
karan (Querist) 19 March 2008
thanks a lot

what do you mean by duly made??the property is anscestral and has been divided equally among brothers,it is notarised but not registered and the will is with him,can any one of the brothers chaalenge will in the court!!
karan (Querist) 19 March 2008
thanks a lot

what do you mean by duly made??the property is anscestral and has been divided equally among brothers,it is notarised but not registered and the will is with him,can any one of the brothers chaalenge will in the court!!
Manish Singh (Expert) 19 March 2008
Duly made means it must be attested by two witnesses.
Registration is optional but it advisable to get it registered.
It can be registered even after the death of the Testator.
1.Who is in the possession of the will?
2. Who are the persons fighting for the property?
3. The testator doesnt have any sibling or what?

If the property is ancestral then a testator can give only that part of property in will, which is his share in the property and not the whole.
karan (Querist) 19 March 2008
do you have yahoo id?

pls help its urgent!!
Manish Singh (Expert) 19 March 2008
You can use this platform for your queries.
Don't hesitate, just go on.
V.Raghavan (Expert) 20 March 2008
Dear Mr.Karan, as our Mr.Manish Singh is rightly told ask the holder of the will to approach the appropriate court for the enforcement. The applicant/plaintiff can plead the court of law to enforce the same and the other parties / defendants can file their objections and the cour will decide accordingly after the enquires made with the parties concerned including the witnessess of the will. If at the earliest no possibility of any solution is arrived for the maintenance of the property the holder of the will can get the administrative rights from the court of law interimly.
Manish Singh (Expert) 03 April 2008
SANJAY DIXIT (Expert) 15 June 2008
Registration of will is not mandatory.

You may apply in the competent civil court for the probate and letter of administration.

If the property is ancestral, the will can be made for the share of the property of the person concerned.


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