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VISHU (self)     18 December 2010

registered will and probate.

DEAR SIR,

I AM SEEKING SOME PROFESSIONAL ADVICE FROM THE LEARNED ATORNEY'S ON REGISTERED WILL AND PROBATE.

MY FATHER WHO DIED FEW MONTHS BACK HAS LEFT A WILL REGISTERED IN 2008 AT SUB-REGISTRAR OFFICE. MY MOTHER HAS BEEN APPOINTED AS THE SOLE AND ONLY  BENEFICERY OF HIS  PROPERTIES. THE PROPERTIES ARE SELF ACQUIRED AND BOUGHT BY MY FATHER AND NOTHING IS ANCESTRAL. WE ARE 3 BROTHERS AND SISTERS AND WE ARE NOT THERE ON THE WILL.ME AND MY SISTER WELCOME OUR FATHER'S DECISION BUT MY ELDEST BROTHER IS WILLING TO CHALLENGE THE WILL IN THE COURT.HE HAS GIVEN NOTICES TO VARIOUS DEPTT LIKE MUNICIPAL CORP. AND REGISTRY OFFICE SO THAT MY MOTHER COULD NOT SELL THE PROPERTIES.HE SAYS THAT THERE IS ANOTHER WILL IN WHICH HIS NAME IS ALSO MENTIONED BUT IN FACT THERE IS NO SUCH WILL BECAUSE HE IS NOT STAYING WITH US FOR LAST 16 YEARS.

KINDLY SUGGEST WHAT ARE THE CHANCES OF MY MOTHER TO WIN THE CASE IF WE GO TO THE COURTS?

ALSO , IF SHE GOES IN FOR PROBATE OF WILL HOW MUCH TIME IT WILL TAKE TO COME OVER AND WHAT WILL BE THE COURT FEE OR STAMP DUTY.

ALSO KINDLY SUGGEST WHAT WILL BE THE BEST OUTCOME TO THIS PROBLEM.

AN EARLY REPLY IN THIS REGARD WILL BE HIGHLY APPRECIATED PLEASE.

 



Learning

 5 Replies

Adv B.B.Gambhir #9814820602 (advocate)     18 December 2010

as per section 14(2) of Hindu Succession Act, the widow has become the absolute owner of the property after the death of husband as far as question of Will concerned, it is settled law the latest Will revoke the earlier. so the Last will shall be come into action. previous all will has no value in the eyes of law.

So your chances to win the case is 100%

the time for Probate is depends upon the courts to courts if the Will is challanged it can take long time. the court fee and stamp fee can be vary according to states

Outcome of this problem shall be in your favour

Best of Luck

B.B.Gambhir, Advocate

girishankar (manager)     23 December 2010

Hm

CA VK Dwivedi (Job)     15 March 2011

Ganbhir Sahab,

a question, how to prove or determine LAST WILL.

Suppose a person wrote a Will a monht prior to his/ her death. how on can assure the Will wrote month before death is the final one and he (the deceased) did not write anyother will.

Also, as per my understanding there is no preset format and not required to be regiesed to enforce legally, then what is the significance of rregistration.

Thanks in advance for your valuable advice.

VK Dwivedi

Adv B.B.Gambhir #9814820602 (advocate)     15 March 2011

brother there is no specific formula to find out whether the Will is last one or not. As per section 68 of Indian Evidence Act the question of Will speciallly question of Will can be decided on the basis of presumption, circumctances and statement of one of the marginal witness who has attestify the Will.

Adv B.B.Gambhir #9814820602 (advocate)     15 March 2011

yes you are right the Will is not required to be registered. because any document in which money consideration of Rs. 100 or more is passed that document is required compulsory registration as per section 17 of registration act. in case of Will, no money consideration is transfereed or passed so not requried to be compulsory registration.  the significance of the regisration is record is properly maintain and it is easy to prove that at the time of execution of Will the testator was in sound disposing mind and he has registered the Will without any pressure or threaten.


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