Civil Procedure Code (CPC)

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Event Managment   03 July 2021

Property list in will

Respected Lawyers,

Greetings.My Father has inherited property from his maternal uncle.The deceased uncle passed all the property to my grandmother & after my grandmother's death to her son.Now the property is in 3 different districts.We have won the probate case from Civil Court.At the time of one of properties mutation ,The officer is saying that property list is not attached in will.
My Question
1) Is it mandatory to list property in will
2) if it's not mandatory then can I get legal case decision example by the honourable court.

Regards,
Sadanand


 9 Replies

Dr J C Vashista (Lawyer)     04 July 2021

Consult your lawyer who is well aware about the facts of case and an able, competent and intelligent person to satisfy your queries.

Event Managment   04 July 2021

Your answer is the most common knowledge which everyone knows.The use of "Ask Question" is to get the knowledge from Scholars.It would have better if you would not have answered

Dr J C Vashista (Lawyer)     04 July 2021

Originally posted by : Event Managment
Respected Lawyers, Greetings.My Father has inherited property from his maternal uncle.The deceased uncle passed all the property to my grandmother & after my grandmother's death to her son.Now the property is in 3 different districts.We have won the probate case from Civil Court.At the time of one of properties mutation ,The officer is saying that property list is not attached in will. My Question 1) Is it mandatory to list property in will 2) if it's not mandatory then can I get legal case decision example by the honourable court. Regards, Sadanand

@ Event Management,

Answer to the questions posted by you is as under:

"My Question

1) Is it mandatory to list property in will

Ans: Yes

2) if it's not mandatory then can I get legal case decision example by the honourable court."

Ans: Vague question, which need further clarification, if you want some response.

You have stated inter alia, that, "We have won the probate case from Civil Court" implies that you have already engaged/ hired the service / paid to an able, competent and intelligent lawyer, isn't it ? 

Are you satisfied with the performance of your lawyer ? If so, what is the purpose of seeking second opinion except the fact it is available FREE OF COST ? If not, change him /her immediately.

Best of luck

1 Like

Kishor Mehta (CEO)     04 July 2021

It is mandatory to mention a complete list of all the owned properties in the Will.

Event Managment   06 July 2021

Originally posted by : Kishor Mehta
It is mandatory to mention a complete list of all the owned properties in the Will.

Dear Sir,

Does it apply on undivided ancestral property?

Dr J C Vashista (Lawyer)     06 July 2021

Of course it include undivided ancestral property, if it has share of the Testator and part of Will executed by him/ her.

P. Venu (Advocate)     06 July 2021

Is this property covered by the probate granted? No definite suggestion is possible unless the Will as well the probate is perused.

Vinod Kumar Mishra   07 July 2021

Sir, is it not possible to mention only one property out of many like a plot in the will in the name of a person ? Because rest will be divided among other heir as per law.

T. Kalaiselvan, Advocate (Advocate)     08 July 2021

The Will should contain the proper details of all the properties that have been bequeathed in the Will.

Hence it is essential that the entire list of properties are to find a place in the Will otherwise it is devoid and the beneficiary cannot claim the benefits of the property that are left out of the Will.

In fact the beneficiaries are not entitled to acquire the properties that were not mentioned in the Will.

 

 


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