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Saif   18 November 2018

securing the property

hello,
I have got inherited property from my grandfathers will. I am of age 28 and physically disabled person. the property which I got from inheritance worth a lot in market. Hence my relatives are planning to challenge the will of my grandfather and somehow get share in that property also.
someone suggested that if I convert that property into Firm or something like company all the rights of other people will be removed I don't know much about this kind of stuff, need expert advice in securing my property.
thanks


Learning

 8 Replies

Adv Deepak Joshi +917017821512 (Advocate)     18 November 2018

When did your grandfather expired ?

Saif   18 November 2018

long back 1966 then my father took all care and maintenance, 2 years ago my father also passed away. now all the relatives were against me they want to cadh the opportunity of me being not able to look after and maintain the property.

Adv Deepak Joshi +917017821512 (Advocate)     18 November 2018

In case your unable to maintain above property than can sell property and buy peace for yourself.

 

You have all the rights to sell property, WILL cannot be challenged now as it was executed long back.

1 Like

Kumar Doab (FIN)     18 November 2018

Was the said WILL acted upon without any cloud on IT and muattions were updated in the favor of beneficiary in the WILL.

1 Like

Kumar Doab (FIN)     18 November 2018

Was the said WILL acted upon without any cloud on IT and muattions were updated in the favor of beneficiary in the WILL.

Kumar Doab (FIN)     18 November 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 

 

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

Saif   19 November 2018

kumar sir the procedure that u have said is practically impossible for me. i anyone wants to create hurdles he will definitely try to take objections. thats why i want to know can i safegurd what i have got.

Saif   19 November 2018

deepak ji i an also planning to do same just i dont want to take any step in panic and regret later. ...

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