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STUDENT.... (.......)     11 May 2017

Property dispute

Hi Team,

HUSBAND BUY PROPERTY IN THE NAME OF WIFE WHO IS HOUSEWIFE AND BEFORE SHE DIE AS PER HER BROTHER SHE WROTE A UNREGISTERED WILL IN THE NAME OF HER HUSBAND AND ALSO MENTION A CLAUSE THAT AFTER THE DEATH OF HUSBAND PROPERTY SHOULD BE DONATED IN TRUST WHICH IS UNREGISTERED AND HANDED OVER THE UNREGISTERED WILL TO HER BROTHER.

SINCE, HUSBAND Had BOUGHT THE PROPERTY WITH HIS HARD EARNED MONEY GOT THE PROPERTY REGISTERED IN HIS NAME AS HE HAD NO SON/DAUGHTER AND CREATED A NEW REGISTERED WILL AND GIVEN THE PROPERTY TO HIS BROTHER.

NOW, THE BROTHER OF WIFE IS CREATING ISSUE AND CHALLENGING THE WILL WITH A PHOTOCOPY OF UNREGISTERED WILL AS HE LOST THE WRITTEN/ORIGINAL WILL AND STATING THAT HUSBAND HAS NO RIGHT TO CREATE A NEW WILL WHERE AS HUSBAND HAS BECOME A OWNER OF SAID PROPERTY AFTER THE DEATH OF HIS WIFE.

IS THERE ANY JUDGEMENT WHICH CAN HELP US INORDER TO GET THE RIGHT ON PROPERTY AND GET THE REGISTERED WILL WORK IN THE COURT OF LAW.



 18 Replies

Kumar Doab (FIN)     11 May 2017

It is believed that deceased title holder/owner (woman) was Hindu.

Confirm!

Kumar Doab (FIN)     11 May 2017

In cased of Hindu woman the nature of property and its source matters.

In case of self acquired/absolute property of deceased Hindu female the 1st right is of: husband, sons, daughters……………..

 

If she had NO: sons, daughters then husband alone was sole heir and inherits whole property.

If husband alone was sole heir and owner then husband  can leave a valid WILL for property owned by him.

Kumar Doab (FIN)     11 May 2017

In case a valid WILL exist, then it becomes operative after death of owner.

It has to be acted upon without any cloud on it.

The said brother of deceased Hindu woman has not submitted the WILL and it is not acted upon.

Kumar Doab (FIN)     11 May 2017

The husband of deceased Hindu woman is alive?

The brother is not legal heir and may have to obtain probate of the WILL.

The husband can contest it.

STUDENT.... (.......)     11 May 2017

Husband also died and left a court registered will in the name of his brother.

STUDENT.... (.......)     11 May 2017

Yes they are hindu

Kumar Doab (FIN)     11 May 2017

You are on which side?

How are you related with this matter?

 

STUDENT.... (.......)     11 May 2017

Brother of husband as he is my father. So I am looking for a judgement which can help us to win the case.

Kumar Doab (FIN)     11 May 2017

The WILL is likely to land up in probate court of pecuniary jurisdcition, if contetsed.

Discuss with local counsel at your location of unshakble repute and integrity specializing in succession/civil matters.

.

 

Kumar Doab (FIN)     11 May 2017

The deceased husband was title holder.

He has left a registered WILL.

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

At other locations it is not.

Kumar Doab (FIN)     11 May 2017

If title holder/owner has left a valid WILL then it is case of ‘Testate Succession’.

The procedure/forms/details for such matters (Testate Succession) are usually available on website and O/o Authority under whose jurisdiction property falls.

Usually certified copy of the WILL, death certificate, legal heir certificate…………………are required to be submitted.

The authority may ask for NOC from other legal heirs/release advt in newspapers inviting objections/or write to legal heirs asking to submit objections if any, in set time.  

 

It has already been posted that Brother (of deceased sister or wife of dceased title holder) r is not direct legal heir of deceased title holder. He is brother in law of dceased owner.

Isn’t it?

His name won’t appear in Legal heir certificate.

NOC from him is not required.

In case of NOC or NO objection authrotiy may transfer the ownership to beneficiary as in the WILL that has been acted upon. A WILL can be contested.  


However he may contest the WILL, if comes into knowledge of the matter.

Kumar Doab (FIN)     11 May 2017

GO thru:

Indian Succession Act, 1925; Sec: 237,238

https://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf

 

He may cite above for probate of photocopy of unregistered WILL in his hands.

 

Kumar Doab (FIN)     11 May 2017

The online discussions are not substitute to face to face discussions with counsel specializing in respective or concerned field of law and considered opinion based on examination of docs and inputs in person. The online discussions can not be conclusive and beyond a limit. Therefore you must discuss with a local counsel specializing in revenue/property civil matters and of unshakable repute and integrity.


Kumar Doab (FIN)     11 May 2017

Avoid persons loitering at On line portals like LCI posing as Experts to allure unsuspecrting querist, fishing for business.   There are endless numbers of threads at LCI also by querist that have been fleeced at LCI.  If you are confident that you are well versed and can handle your matter as PIP (Party in Person), go ahead.

Preferably proceed under expert advice of your able counsel as above.




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