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My query is regarding will

Page no : 2

Kumar Doab (FIN)     16 August 2017

ANY WILL can be contested by Legla heirs and other .................if other has an irrefutable interest in estate disposed by WILL..........................and a stranger can not..........

Resolve amicably if possible and the beneficiary may agree to give some share to by his/her sweet WILL...................to you and may be others....also.

In case of amicable family agreement, to rule out future altercations/litigations registered family agreement may be preferred.

 


(Guest)

 Thanks.

So,How i am able to prove this property is family property purchase on his name.


(Guest)

Also, WILL is not register. And Benificiary Uncle is not ready to give now. 

Kumar Doab (FIN)     16 August 2017

It is not mandatory to register the WILL.

Unregistered WILL can also be a valid WILL.

 

If the WILL is valid, it can be acted upon.

Kumar Doab (FIN)     16 August 2017

You are from which state?

The assets/estate/property bequeathed in WILL is in which state?

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

It is not mandatory to probate at other locations…

Kumar Doab (FIN)     16 August 2017

 

 

Apparently it is simple matter of ‘Testate Succession’.

The process and procedure and forms might also be available on website of O/o Authority under whose property falls e.g; MC….Or it is certainly available in O/o Authority………… Generically speaking: The certified copy of WILL, death certificate, legal heir certificate are basic requisites…………….The O/o Authority may ask for NOC from all legal heirs (other than beneficiary) and/or release advt in newspapers asking for objections if any…………..and/or O/o Authority may write to all legal heirs (other than beneficiary) to lodge objections if any in set time………………… and in case NO objections are lodged authority may act upon the WILL and transfer ownership in the name of beneficiary(ies).

Any WILL can be contested on valid grounds…. In the WILL is contested it lands up in probate court of pecuniary jurisdiction…………and probate court shall decide………..

Kumar Doab (FIN)     16 August 2017

 

It is rather upto you to adduce evidence how come it is Family property and you have a charge/claim in it.

 

It is rather upto you to adduce evidence that Family money (at least that belonged to your father or ancestors) that has been invested in buying the property.

 

Discuss in person with a LOCAL very able senior counsel of unshakable repute and integrity specializing in testamentary/succession matters and having successful track record and winning such cases…………for a considered opinion on merits, options and merits in each option…………..  


(Guest)

I have investigated some i found that  : my uncle died in Mumbai in hospital where my beneficiary uncle is leaving. But in death registered in Pune and death place mentioned in will is Home(Pune). Uncle who died has permanant address is in pune which is my address also. All property is in pune.

Kumar Doab (FIN)     16 August 2017

What exactly you want to communicate and press in your last post(s)?

 

Kumar Doab (FIN)     16 August 2017

Do you wish to press that WILL is clouded with suspicion, suspicious circumstances?

 

SHIRISH PAWAR, 7738990900 (Advocate)     17 August 2017

If the death is registered pune and place of death is pune then  will needs to be probated.

Kumar Doab (FIN)     17 August 2017

Originally posted by : Chinmay C
I have investigated some i found that  : my uncle died in Mumbai in hospital where my beneficiary uncle is leaving. But in death registered in Pune and death place mentioned in will is Home(Pune). Uncle who died has permanant address is in pune which is my address also. All property is in pune.

'All property is in pune.'

My limited understanding is that for this reason Probate is not required.

 

Kumar Doab (FIN)     17 August 2017

Go thru:

Central Government Act

The Hindu Succession Act, 1956; 8(b),9,11

https://indiankanoon.org/doc/685111/

 

and information posted by you.

You do not seem to be stranger and seem to have interest in property bequeathed in WILL by testator.

Kumar Doab (FIN)     17 August 2017

As already posted,if WILL is contetsed (on vald grounds) then it lands up in probate court of pecuniary jurisdiction.

 

This is irrespective of the fact that property is located in Pune.

 

Kumar Doab (FIN)     17 August 2017

The property bequeathed by WILL may be located at any location ,if WILL is contested it lands up in probate court of pecuniary jurisdiction.


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