How much does it matter registration of will?


My father executed a gift deed in 1966 on the name of his wife  my mother and transferred all his assets including all immovable and movable properties / assets ( which includes bank balance, cash balance and all other investments in form of shares, mutual funds etc) Later in 1967, he expired and all assets were in name of my mother. He has 2 sons and 4 daughters. But the property was all given to his wife by a gift deed as mentioned above.

Later in 2008, my mother made a WILL, wherein she distributed all the properties to her 2 sons, daughter in laws and her grand children’s. The copy of the same is available with us, it was prepared in-front of 2 witnesses but the same is not registered. My mother expired in 2009 and after this event, 2 daughters among 4 made a dispute and asked for their share in the properties. Without discussing this with us, they submitted direct notices to concerned offices and asked them to stop the process of changing name on properties claiming that the WILL is fake.

There are four properties A,B,C&D. Now there are 6 owner names registared for all the properties

As on today, we have received further notice that they also intend to have share in gold, silver and jewellery items.

My questions:-

1)Whether mothers property can be claimed by daughter’s?

2) If WILL is not registered, and the other 2 daughters are with us, so is it a strong case for us to fight in Court?

3)Or any other best solution, you can suggest on this?

 
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Advocate

1) you must probate this WILL , or else it carries little legal value.

2) From your query, it is very clear that the WILL in your possession is a valid document and the other two sisters will not succeed in their case.

Engage a good legal counsel to conduct your case.

 
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ADVOCATE

As pe WILL u  r owner of this property but u got a probate certificate from court. Your case is strong in your favour don't worry. U get a probate certificate is best way.


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probating the will is done in front of the will maker (my mother). can it be done after the person is dead?

 
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Can Probating the will be done after will maker(my mother) is expired?

 
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INSURANCE AGENT

 I AM SORRY BRO  THOUGH I AM NOT A LAWYER  BUT THIS IS A SIMILIAR CASE WHICH I HAVE BEEN THROUGH. ACCORDING TO HINDU SUCCESSION ACT 2005 . MARRIED DAUGHTERS HAVE EQUAL RIGHTS IN PARENTS PROPERTY . EVEN DONT WASTE TIME ASK FOR RELINQUISHMENT DEED FROM OTHER TWO SISTER ALSO. WHO ARE NOT DEMANDING . MAY BE THEY BECAME GREEDY IN FUTURE. SINCE NOWDAYS EVEN REGISTERED WILL NEED  NOC  FROM REST OF LEGAL HEIRS. AND IN  YOUR CASE WILL IS NOT REGISTERED  AND IS NOT LEGALLY ENFORCED UNDER REGISTERATION ACT.   MY FATHER PARTED  HIS SHARE OF PROPERTY  . BECAUSE THE WILL WAS NOT REGISTERED. BECAUSE IF IT IS NOT  REGISTERED IT IS NOT THE WILL OF TESTATOR  MIGHT BE YOURS.. ANY WAYS ASK FOR OUT OF COURT SETTLEMENT. BUT YOU CAN GOOGLE AND SEE HINDU SUCEESION ACT 2005 . YOURS SISTER S COUNCIL ARE NOT FOUL. OR YOU CAN SEE CS OS(139)/2009 OF DELHI HIGH COURT.  YOU CAN SEE ON HOW MUCH  COURT GOES TO EXTENT

 
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Advocate

Mitul,

The probate proceedings will have to be initiated in a court of law.It has to be initiated within 3 years after the maker of the WILL has passed away. There is no point in waiting. You have said , your father has executed a WILL and as a result of that you will get rights on the property . Pl initiat the proceedings without further delay.


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Advocate

@ karan suri,

Pl do not give wrong legal advice to people on this forum , if you are not sure of the legal aspect. Your statement " AND IN  YOUR CASE WILL IS NOT REGISTERED  AND IS NOT LEGALLY ENFORCED UNDER REGISTERATION ACT. "  --is not legally correct 

 
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@Advocate Vishnu

but it has been more than 3 years now after my mother has passed away..! Can i probte it now also?

 
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Advocate

yes. you can and the WILL will come into force only if you probate it. Otherwise all the legal heirs of the deceased are legally entitled to the property.

 
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