Will & legal heir

It should be clarified whether the "Will" is a registered document or not. If it is registered, no need to get Legal Heir Certificate. If it is not registered, the Legal Heir certificate of "X" is necessary. 

Thank you Sir. since Mr.X is bachelor and his parents are no more , all of his siblings would appear in his legalheir list.Please correct if i am wrong here. Will is not registered. one of the brothers of X , used the unregistered will and put a settlement deed in his wife`s name. Bank`s lawyer is asking for the will to be probated. But the seller says , in rural area will can be probated using a settlement deed attested by sub registrar.I am not sure about this.

First of all instead of following the advice of lawyer of some one else e.g; bank you may show all the documents related to this property including but no limited to WILL , proof of registration of WILL before sub registrar, settlement deed with wife and any other document to your lawyer and follow your lawyer’s advice before making any payment….

 As per your post, the WILL seems to be registered before sub registrar.

 

It is felt that the Probate of the WILL is not granted by Sub Registrar ………………….so the WILL may not be probated.

 

Why the Brother had to enter into a settlement deed with wife of the deceased if estate of the deceased was not willed to her?

 

Approach your lawyer and defend your interest…………………..

 

Kumar, MR x (Deceased )is a bachelor. He gave the property to his brother through the will. Brother of Mr. X entered in to an settlement deed with his own wife . Bank is asking for the genuinty/proof that will was probated? But the seller is telling , settlement deed is the proof of will being probated

Mr.Vignesh. Read my reply once again. The bank is rightly asking for Legal Heir certificate.

Sir, Legal heir certificate of a bachelor like mr.x will have all his brothers n sisters listed. In that each of the living legal heirs should give a no objection for the will to be actually probated. Here is there is no evidence that will is probated and only document which is there in this regard is the settlement deed made by brother to his own wife before a sub registrar. I would like to know, how the sub registrar allowed to make a settlement deed without officially validating the will. Please bare with me

The error is regretted.

 

The settlement deed with wife is probably perceived as a danger siren by the bank lawyer. The WILL is neither registered nor probated.

 

You are right that If the deceased was Hindu and bachelor and if Mother of the deceased was also not alive, classII relations will come into picture.

 

{Father,Brother/Sister,Son’s daughter’s son/daughter,Daughter’s son’s son/daughter,Daughter’s daughter’s son/daughter,Sibling son/daughter,Father’s Parents,Brother’s widow,Father’s sibling,Mother’s parents,Mother’s sibling}

Bank is right.

Mr. Subrahmanyam has rightly advised you for legal heir certificate.

 

If you have paid some money try to take it back.

 

Thanks Much Kumar & Baala

Dear Baala, The bank lawyer is asking for a indemnity bond signed with all stake holders that they wont claim the property at any cost. What is the validity of such bonds legally? Should i go ahead? Please go through above chain if you had lost touch with the topic.