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Bandana   16 July 2017

Father's death without a will

My father died of an unnatural death in 2009. Till now we knew that he had left no will. I just came upon a document that he prepared sometime in 2005. He wrote on a stamp paper in his own handwriting that all his property belongs to me and my mother equally. Then he put his signature on a revenue stamp . But there were no witnesses. I want to know if this can be treated as his will.


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 10 Replies

Bandana   16 July 2017

Thanks in advance.

Bandana   16 July 2017

P.S. his mother(my grandmother) is still alive and I am the only child.

Kumar Doab (FIN)     16 July 2017

It is felt that;NO.

 

Kumar Doab (FIN)     16 July 2017

Succession as per personal law applicable can set in.

 

Kumar Doab (FIN)     16 July 2017

The grandmother may decide to leave her estate for you.

It may come back to you by her sweet will.

Advocate Bhartesh goyal (advocate)     16 July 2017

Document written by your father can not be treated as will.your father's property will be divided as per succession law.

Kumar Doab (FIN)     16 July 2017

Same matter:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=151672&offset=1

Kumar Doab (FIN)     16 July 2017

Also: It is mandatory to probate the WILL within the limits of the original civil jurisdiction of the High Courts of Madras and Mumbai and West Bengal. 

Azhagananth (Lawyer)     16 July 2017

It can not be intertpretated as Will. but you and your mother may suit for Title and Declaration as your father died intestate leaving behind you both as Legal Heir.

 

Note: If any other legal Heir alive, they also have the same right.

Kumar Doab (FIN)     16 July 2017

Obtain death certificate,legal heir certificate and submit for updation in mutation records and obtain update mutation records showing ownership by inheritance.....


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