robby (service) 02 March 2011

can i probate a will in myname

My grandfather as made a will ( unregistered?) in my favour and my brother , leaving all movable and immovable assests in our name here I want to know that

1) can my aunt ask for share in property even when we have a will and can i probate the will and use in our favour also

2) we have a paghdi system room in chawl , which is vacant and in our possession , so can will be used to negotiate with the builder.

Thanks

robby

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3 Replies

rahul shukla (lawyer) 04 March 2011

For any "Will" you need to file a petition for grant of probate in a competent court. evidence of attesting witnesses are necessary to prove the authenticity of teh Will.

So far as question of paghdi system room in chawl is concerned, if it is in your name and you are the owner of the same, you can always negotiate it with builder. If the same is still in the name of your grandfather, you need to get it transfered in your name first.

regards