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Baaji   09 April 2017

Will and property

I want to know ,, is mistake in property details ie...some amout of property (land) of my neighbour was also included knowingly or unknowingly....in such condition is the will valid or not...will was written 30 yrs back..unregistered and not probated till now


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 9 Replies

shrenik (lawyer)     09 April 2017

Will is valid Get it probated now Not a big deal in geting probated

saravanan s (legal advisor)     09 April 2017

Will valid with respect to the part of the property for which he is the owner

Kumar Doab (FIN)     09 April 2017

Only an owner can dispose his/her estate upto the extent that he /she own, by a valid WILL.

The delay in acting upon the WILL, aggravates the doubt.

 

It is mandatory to probate the WILL at presidential towns.

If property is not at presidential towns then it is not mandatory to probate the WILL.

If contested the WILL shall land in Probate court of pecuniary jurisdiction.

Sri Vijayan.A (Legal Consultant)     09 April 2017

Executor of Will can modify the Will.

From your question, it is understood that you are the beneficiary. Try to probate it if it is in the city locations, where probate is compulsary. The inclusion of neighbours land in the will create suspicion about the genuineness of will.

Kumar Doab (FIN)     09 April 2017

Check with O/o Authority under whose juriosdiction property falls the requisite forms/procedures for such cases ( Testate Succession).

The authortiy may ask to obtain NOC from all  legal heirs ( as per personal law that is applicable in your case) and/or advertisement in newspapaer

Or to obtain probate from Court of law.

In worst cum worst scenario the proeptry shall be devided, equally  or in ratio amongst legal heirs as per personal law that is applicable in your case.

Also, check with local counsels at your location specializing in such/property/revenue/civil matters if Registered Family agreement on decided (fair) terms is possible.

In such future litigation may not be possible.

 

 

 

 

1 Like

Baaji   09 April 2017

Sir i am not the benificiary... my brother came up with the above said will and my sisters are supporting him..property is of my grandfather and he died 40 yrs back abd now they came out with a will...in that i found that mistake... if really my grandfather had written that will why he will do such a mistake ...its the mistake commited by my brother who has created a fake document ... i dont have any signatures of my grandfather... so please advice me how to procced

Baaji   09 April 2017

Sir what is personal law.. can you please provide me some more details

Kumar Doab (FIN)     09 April 2017

Challenge the WILL.

Approach local counsels at your location specializing in such/property/revenue/civil matters.

 

 

 

Kumar Doab (FIN)     09 April 2017

Personal Law: e.g; If you are Hindu, Hindu Succession laws shall apply.


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