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Raanjkumar (Prop)     18 August 2017


My father has 3 sons. Last 4 years of his life he stayed with my family. He expired and in his un registered will , which has doctor's certificate & 2 witnesses, I and my children are sole beneficiary of all his monies which consists of 

1) FDR of Rs.10 Lacs held with me as second holder & having either or survivor option.

2) PPF having my name as Nominee

3) Bank Shares having my name as Nominee.

4) about 10 lacs deposited with my children.

The other 2 sons are objecting to the fact that my family is sole beneficiary.

What action should I take ? Withdraw FDR & PPF a/c and transfer shares without probate ? please advise


 6 Replies

Kumar Doab (FIN)     18 August 2017

You can excercise your rights as nominee/beneficiary....................


Unregistered WILL is also valid.

Registration of WILL is not manfartory.



Kumar Doab (FIN)     18 August 2017

Probate of WILL may not be mandatory.................for the purpose mentioned by you....


Advocate Bhartesh goyal (advocate)     18 August 2017

Your father's will is perfectly valid but due to objections of your brothers it will be better for you to get the probate of will from the court having jurisdiction.

Kumar Doab (FIN)     18 August 2017


Another Prespective:

Excercise your rights as Nomniee, beneficiary...


Mere saying is not proper contest...........

Submit the WILL to act upon the WILL and they may object properly in writing........


Siddharth Srivastava (Advocate)     18 August 2017

Unregistered WILL is also valid for all purposes. If WILL is silent in respect of item no.2 &3 then you are bound to distribute the money among the legal heirs of your father. As per law nominee is merely entitled to receive the money but he is bound to distribute the amount in equal proportion among the legal heirs. The WILL is required to be examined in detail.

G.L.N. Prasad (Retired employee.)     19 August 2017

First use the power of nomination and take entire deposits, and get the properties mutated in your name on the basis of will.

If the will is challenged you can defend against such action depending on the source of property and enforceability of such will .

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