Sudheer VH (Business) 01 February 2020

Will deed execution

Hi All, My great grand father has written a will deed to my Dad in 1965 which by default comes to us ( 2 sons). I would like to take my share from it.. What actions should be done to get it happen.. Please suggest about entire process. My dad says will deed original copy is missing so how to get it. Does he has any rights to give to others.

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5 Replies

Dr J C Vashista (Advocate) 01 February 2020

Whether the document of "will" is registered ? If so, obtain a certified copy from concerned Sub-registrar.

Whether the "will" was probated, if you belong to either of the presidential city/State? Which state to you belong i.e., Punjab, Gujarat, Nagaland Kerala, or any such other state ?

Incomplete information can not lead to form a proper opinion to oblige.

Consult a local prudent lawyer for better appreciation of facts, professional guidance and necessary proceeding.

P. Venu (Advocate) 01 February 2020

Facts posted suggest the property belongs to your father. You do not have anyshare or right in the said property.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 01 February 2020

If at all any share you can claim will be only after your father. Therefore, you may get the following i/documents: 1. Death Certificate of your Great Grand Father. 2. Whether the Will was Registered in 1965 when it was originally written. 3. Whether the Will was probated? 4.Now that the original Will isn't available and the answer to point 2 is "No", it will be difficult to handle the matter and may have to presume there is no Will in which case it would be that much difficult to handle the issue. You may have to get ready the following and approach local Lawyer: a. Your Great Grand Father was survived by your Grand Father alone or did he have other sibilings. b. Your father has brothers? c. In whose posession is the said propert, your father? You and your father have to do research and get all details to regularise the entire matter.

Sudheer VH (Business) 04 February 2020

Thank you so much for the reply and "Will" that was written by great garnd father had it registered in Andhra Pradesh Guntur,
My great grand father passed away when my Dad was 15 years of age this is my guess about age i mean my dad must be much younger when GGF left.

GGF has only one Son -> my Grand father only one son --> My dad has got two sons -> we are married now.

1. Death Certificate of your Great Grand Father
( I thinik we have only grand father death certificate but i could get this from local authorities)

2. Whether the Will was Registered in 1965 when it was originally written. ( YES it is a registered Will )
3. Whether the Will was probated? ( No it is not can i go ahead and do it )