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sonia_kumari (lecturer)     23 July 2017

Can succession certificate case be linked to registered will

Hi 

My grandfather recently died leaving behind a registered will written by him 5 years ago naming my father as the sole inheritor of his house. My uncles have filed a case against my father claiming that they had been living in that property and were forcefully evicted by us and that the will was made under pressure. 

However, the local municipal committee has already transferred the property in my father's name after issuing an ad in 2 national newspapers. 

My father filed a case for succession certificate for my grandfather's money in the bank. Now, our lawyer has sent summons to all witnesses in the registered will to prove its authenticity in the certificate case. 

My query:

1. Was the process done by the committee called 'probate' of will? Can this decision be reversed by them?

2. If the will is authenticated in this case, can this authentification be used in the first case (challenging the will)?

3. What is a probate? Do we have to file a separate case for probate of the will? 

Thanks for your replies!

 

 

 



Learning

 8 Replies

Kumar Doab (FIN)     23 July 2017

1. NO.

It is in line with process/procedure of 'Testate Succession'. The WILL seems to have been acted upon after following due procedure and without any cloud on it.

2. The reference can be made.

3. As per your post WILL has not been contested during the procedure complied with MC..

 

 

 

1 Like

Kumar Doab (FIN)     23 July 2017

You seem to have have not recieved any notice from probate court.

Handover the lawyer's notice to your own very able local senior counsel of unshakable repute and integrity specializing in such/Testamentary/succession/civil matters.........

1 Like

Dr J C Vashista (Lawyer)     24 July 2017

Originally posted by : sonia_kumari
Hi 

My grandfather recently died leaving behind a registered will written by him 5 years ago naming my father as the sole inheritor of his house. My uncles have filed a case against my father claiming that they had been living in that property and were forcefully evicted by us and that the will was made under pressure. 

However, the local municipal committee has already transferred the property in my father's name after issuing an ad in 2 national newspapers. 

My father filed a case for succession certificate for my grandfather's money in the bank. Now, our lawyer has sent summons to all witnesses in the registered will to prove its authenticity in the certificate case. 

My query:

1. Was the process done by the committee called 'probate' of will? Can this decision be reversed by them?

2. If the will is authenticated in this case, can this authentification be used in the first case (challenging the will)?

3. What is a probate? Do we have to file a separate case for probate of the will? 

Thanks for your replies!

 

 

 

@ Sonia Kumari,

You have stated your uncles threw out your father from the house, which was bequethed in favour of your father after filing a case, what was the case?

Which state/city is the property located? 

Why did your father not file a case for probation of Will where he was the sole beneficiary and your uncles filed a case against him?

Did you discuss the facts with your lawyer? What is his/her opinion and advise? Why did you ignore the same (opinion and advise)? What for you disbelieve your lawyer and seeking second opinion and advise of experts on this platform except the fact it is available FREE of Cost?

Your father preferred to file case for succession, what were the circumstances to take the decision? 

The story fabricated is unconviencing.

P. Venu (Advocate)     24 July 2017

If the uncles are challenging the authenticity of the Will, the onus lies on them to prove that the Will was not genuine. 

Secondly, are the funds in the Bank coverd by the Will? Who is (are) the nominee(s)?

1 Like

Kumar Doab (FIN)     24 July 2017

Apparently the bank a/c is without nomination and probably the a/c balance is beyond threshold limits of Bank/BM...........

 

You may go thru:

RBI;Master Circular on Customer Service in Banks

20.2 Accounts without the survivor / nominee clause

https://www.rbi.org.in/scriptts/bs_viewmascirculardetails.aspx?id=9008#202

 

 

1 Like

Kumar Doab (FIN)     24 July 2017

Your father has filed for Succession Certificate, as per your post.

Probably the dispute is reported to bank.

Or the Bank's higher officials might have agreed to release upon documents to their satisfaction say; Legal Heir certificate, death certificate, original instrument e.g; FDR, surity(ies), indemnity bond etc etc  

 

 

sonia_kumari (lecturer)     25 July 2017

Sir,

1. it was my uncles who claimed that they had been thrown out of the property bequeathed to my father by my grandfather.

2. This case is of Haryana, where probate of will isn't mandatory.

3. The local Municipal Committee transferred the property to my father's name on the basis of the will after taking out ads in 2 national newspapers and no objection was raised in the 1 month notice period.

4. I seek counsel because that's what this forum is for, why is it wrong to seek second opinion of learned people like yourselves, who deign to reply to common man's grievances.

5. Lastly, had this been a fabricated story, I wouldn't have chosen this website. 

Thanks.

 

 

 

Kumar Doab (FIN)     25 July 2017

You are welcome.


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