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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!

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!!
Rajesh Kumar (Expert) 19 March 2008
Will is not required to be registered, it is perfectly valid even if not registered.
It is duty of the executor to bring the existence of the will in light of all concerned, and devide the property of the decesed as per his wishes. For that he is required to obtain probate and letter of administration from court of law.
However, if some beneficiary doubt the genuineness of the will, or capacity of the testator to bequeth property through will, the application for probate can be challenged.
If the will is not produced, the property shall be devided as per the provision of Indian Succession Act.
karan (Querist) 19 March 2008
thanks a lot

Where and how to get probate and letter of administration and what are the expenses like

pls throw some light briefly
Manish Singh (Expert) 03 April 2008
Get the will probated by filing an application in the civil court having jurisdiction.
Jithendra.H.J (Expert) 11 April 2008
you have not stated to which religion your relative belong to, as per my knowledge, a hindu can not bequeth the ancestral properties through the will as the properties are not his absolute properties.
Manish Singh (Expert) 19 April 2008
Yes if the property is ancestral, it can not be given away in will, but the person can only give his share in the property through will.
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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