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Diego stanga (Self employed)     10 February 2014

Punjabi registered will

Respected SIr/Madam,

First of all I want to thank all the advocates for giving their Ideas, Suggestions and Opinion for the said problems.

Now the issue is,

A person made a WILL in punjab and which was registered in punjab in punjabi language. The WILL was favouring his son which included all the property of Punjab and Maharashtra. For the property of Maharashtra the WILL states the property identification as the "district thane" and "state Maharashtra", as the person is having only one estate property in thane district. There is no clear address of the property in the WILL. The WILL only states the district and state in which he is having the property.

Secondly, the person who registered the WILL is having two daughters along with his son. For them the WILL states that "I have given more than the proper value to my 2 daughters and now I do not want to give anything to them". 

Also the two witness are dead who lived in Punjab where the WILL was registered, signed the registered WILL.

My questions are as follows:

1) Will the daughters get their share.

2) Where should we put the WILL in probation - in Punjab or Maharashtra? Can it be probated in Mumbai, Maharashtra.

3) As for the Maharashtra property the WILL includes only the district and state in which it is situated. If we put the WILL for probation in Punjab and when the order is passed will the order contain the property of Maharashtra also along with the property of Punjab favouring his son.

4) How much will be the time period to get the final order in hand?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     12 February 2014

Daughters cannot get share due  to clear denial in the Will itself.  will should be probated in Punjab because there is no descripttion or any other details of property in Maharashtra.  It depends upon the respondents' contest in the probation case.


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