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Peethambaram P   05 February 2017

Enforceability of a will

One of my Friend has two Brothers. His father has left a Will which was registered , bearing two independent witnessees , Ten years ago. Will says the self earned property of the Father belongs to his youngest son, gives reasons that his other two sons are gainfully employed. Now father No more. will to be probated. whats the status of other two sons? whether will is valid?


 6 Replies

Kumar Doab (FIN)     05 February 2017

It is believed that deceased father and all are Hindu.

Confirm!

Kumar Doab (FIN)     05 February 2017

The last wish of testator in WILL is supreme.

Registered WILL is valid, and is not easily set aside on the counts of authenticity.

Other two sons are not beneficiary in the WILL and have NO share as per WILL.

Peethambaram P   05 February 2017

yes,  Sorry, Forgot to mention that. 

Kumar Doab (FIN)     05 February 2017

Hindu male can dispose his self acquired estate/property during his life time in anyone’s favor by a valid WILL.

It is mandatory to probate the WILL in presidential towns of Kolkota, Chennai,Mumbai.

At other locations, the beneficiary can submit the WILL to the authority under whose jurisdiction property falls with copy of death certificate of testator, legal heir certificate etc per procedure.

The authority per procedure may ask for NOC from other legal heirs and/or release advt in newspapers.

If contested, WILL may land up in probate court of pecuniary jurisdiction.

 

Kumar Doab (FIN)     05 February 2017

Other two sons can contest the WILL on valid grounds.

If contested, WILL may land up in probate court of pecuniary jurisdiction

 

Kumar Doab (FIN)     05 February 2017

Once the WILL is acted upon without any cloud on it, the beneficiary attains right of owner and can act like owner.

The beneficiary by his sweet will can agree to share the property, with other legal heirs,after WILL is acted upon without any cloud on it. 

​The amicable approach may avoid litigation and registered family agreement can be another prespective..


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