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Vel Murugan   06 March 2017

Will & probate

Dear Users,

 

My grandfather has executed and registered a WILL supporting me for a property that was in his name. This was done without knowledge of other heirs .Please help me with queries below ,

1. Can PROBATE be executed when my GrandFather is alive ?

2. As said there are few other legal heir apart from me, Does Probate will invite unnecassary trouble by sending notice to other legal heirs.

3. Can a registered WILL made by my G.Father valid and enough for executing "settlement deed" in my name after lifetime.

4. He doesnt want to do a settlement now because of the Capital Gain Tax adjustments , so WILL was prefereed.  All I wanted was to enjoy the property without any problems . pls assist in doing what is right .

5. What if I do NOT probate as I enjoy the property till now.And other heirs are not aware of the proeprty.

 

Regaards

Vel



Learning

 7 Replies

Kumar Doab (FIN)     06 March 2017

It is believed that all of you are Hindu.

Confirm!

Kumar Doab (FIN)     06 March 2017

1.NO.

2-5: During the life time of owner, he can allow anyone to enjoy the proeprty by his sweet wish.

The probate of the WILL is not mandatory except in presidential towns.

If the WILL is contested it may land up in Probate court of pecuniary jurisdiction.

 

Kumar Doab (FIN)     06 March 2017

Each authority under whose jurisdiction property falls has a set procedure and forms for such cases.

These may be available on the websaite also of the authority.

The usual procedcure is the death certificate; certified copy of WILL, legal heir certificate may have to be submitted to authority.

 

Vel Murugan   06 March 2017

Thanks for the info Kumar Sir. Yes we are Hindu Family.

Can you pls provide info on "What if I do NOT probate as I enjoy the property till now.And other heirs are not aware of the proeprty."

Concern here is the WILL favours me , But I am worried that they may raise voice for their share despite tje WILL.

can you help me understand can WILL dominate this and favours me,

Vel Murugan   07 March 2017

Can you please help with above clarifications.

Kumar Doab (FIN)     07 March 2017

The WILL is to be acted upon afterdeath of testator.

The delay in acting upon the WILL, after his death, may be avoided.

Registered WILL is not easily set aside on the counts of authenticity.

Aks   22 May 2017

Get the Will probated . If it is registered that's a good thing.

WILL can only be contested on the following grounds:

(1) Wrong format:  A will must have signatures of the owner, signatures on two witnesses and preferably name an executor. 

and it must be signed by owner in presence of those two witnesses.

(2) Mental Sanity: The  owner of property must be of normal mind at the time of signing.

(3) Undue Influence: No body should have forcefully made the owner sign the Will.

(4)Fraud: Signature should be of owner..not fraudulently signed by someone else etc.

NOTE: The burden to prove that will is fake fully lies on the one who challenges the Will.

A person can give all his self earned wealth to any one he/she loves...even his/her dog.


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