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Yaawar Khan   13 March 2018

Execute my grand father will

my grandfather had made a will in a year 2005 and he died in year 2007
now my dad wants to execute my grandfather will ? can he execute the will? what is time period to execute the will


 7 Replies

SHAMAS-UD-DIN SHAAZ Advocate (lawyer)     13 March 2018

immediatly after the death of the person will can be executive...

Yaawar Khan   13 March 2018

so now we can't execute it?

Vijyant Nigam (09807349001) (Advocate)     13 March 2018

If your dad wishes to sell the property inherited through will then he can sell the same on that basis only. no further execution is required. of he enjoys the property then again he can do so and no execution is required. what does he want. he can also execute further will to anyone on the basis of that will.

SHIRISH PAWAR, 7738990900 (Advocate)     13 March 2018

If you are in city then you may have to get probate from court. And if court grant probate in favour of your father then your father can sale the property. Appoint local advocate and show all property documents and will and consult with him.

kavksatyanarayana (subregistrar/supdt.(retired))     14 March 2018

Your grandfather executed a Will in the year 2005 and died in the year 2007. Now your father execute your grandfather Will. How will he execute your grandfather Will?  Where did the property of Will situate? Your query requires some more clarity.  There is no time limit to present the Will.

Kumar Doab (FIN)     03 June 2018

The WILL should be in accordance with provisions of personal law that applies and valid.

The said WILL has been executed by testator and is to be acted upon without any cloud on IT.

Kumar Doab (FIN)     03 June 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

The authority may have framed rules for WILL to be presented in set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, may act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

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