Sample Questions – Will, Succession & Probate

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Q1. Can a matter relating to obtaining probate of a Will executed by person be referred to Arbitrator ?

A. No, Probate proceedings cannot be referred to Arbitration. The probate court (whether it is the District Court or High Court) has been granted and conferred with exclusive jurisdiction to grant probate of a Will of the deceased. The Probate granted by a court is a judgement in “rem” and is conclusion and binding not only on the parties but also on the entire world. As such the parties cannot by mutual consent refer a probate regarding Will to Arbitration.

Q2. What does actually WILL means. How do you make it also tell me the way of registering?

A. WILL is a legal declaration of the intention of a person with respect to his property or a state, which he desires to take effect after his death. WILL is an untitled document which state after the death of a person making the deposition an it is document which can be revoked , modify or substituted by the person executing the will at any point of his time during his life time. For executing the Will the person must be fully competent, as much as he should not be a minor and should not person of unsound mind. The Will has to be in writing and has to state that the person executing the same is making it out of his own free will and in a sound disposing state of mind. It has to be signed by the executor of the Will and has to be attested by two witnesses atleast. However under the provisions of law the Will is not requiring in writing no required to be signed or attesting. The WILL under law is not required to be compulsory registered. It can be executed even on a plain paper and it can be fully valued even if unregistered. In the event of the person desiring WILL to be registered, he has to approach the office of the Sub-registrar and has to be accompanied by the person who have signed as witnesses on the said WILL .The executor of WILL as well as the attesting witnesses have to put their signatures and thumb impressions in the register maintained by the Sub-registrar. There are Sub-registrars defined for various district and you have to inquire for in this regard from the concerned office as to which Sub-registrar you are required to get your WILL registered. The Sub-registrar would be as per the place of the residence of the person executing the WILL.

Q3. One of my friends father died without leaving any Will. He has two married sisters and no brother. One of his sister is insisting that she should be given ½ of the share as other sister is not interested in claiming any share. What is the law in this context?

A. When a Hindu male dies intestate his property devolves around his legal heirs. Section 10 of the Hindu Succession Act,1956 gives in detail the list of Class I heirs who are go be given first preference while dividing the property of the deceased. Rule 1 of this Section provides for a share of property for the widow of the deceased. Rule 2 of this Section provides for a share each for the surviving sons and daughters and the mother of the deceased. In your case though it is not clear whether the deceased has a surviving widow and mother but in case there are only two surviving daughters and a son each one will get a share each i.e. 1/3 of the undivided share in the property. In case one of the sisters of your friend is willing to relinquish her share in favour of the other sister, she can do so by executing a relinquishment deed in her favour. However, in case your friends father has left a residential house, which is occupied by your friend and other members of the family, then under Section 23 of the Hindu Succession Act, 1956, his sisters can not claim partition of the said House till the son (i.e. your friend) chooses to divide the respective shares in the said house.

Q4. Is it true that a person in India cannot name his daughter as a successor in his will and give her all his property? If yes, what happens if a person has only daughter and no son?

A. It is wrong that a person in India cannot give his/her property to his/her daughter in his WILL. Person can give anything to his daughter in a WILL. Even if there is no WILL and a person dies and his only successor is a daughter, the daughter automatically becomes the owner of all the properties/assets of the deceased.

Q5. Payment of deceased depositors money without nomination valuing Rs.100000 to the legal heirs on the strength of affidavit and indemnity bonds, is the payment payable to legal heirs without production of succession certificate from a foreign bank situated in New Delhi. Kindly guide rules in this regard?

A. The bank can make the payment to the legal heirs on the strength of Indemnity Bond and affidavit. There is no compulsion for obtaining the succession certificate from the court, unless there is dispute among the legal heirs. But Bank sometimes insists for obtaining succession certificate, in order to fully safeguard them. As per information available with us, there are no RBI guidelines in this regards, but you would be still advised to check the same.

Q6. I have an Indian-born client who is a USA citizen. The couple has assets in India and I have several questions regarding the disposition of these assets. They have a trust set up in the US and I want to know whether the plan of disposition outlined in their trusts would be applicable to property In India. What would be the process in India for the transfer of ownership of the assets at the death of a relative to my clients? What process in India for the transfer of ownership of my clients assets at their deaths? Is there any restriction on the removal of intangible assets from India if received as an inheritance?

A. The assets in India can be disposed off as per the trust provided the same are in conformity with Indian Laws. The assets of the relative can be transferred as per the WILL , if any, left by the relative or in what capacity the person is related to the relative to inherit the assets. At the death of your client the assets can be transferred to the legal heirs or as per WILL or as per Trust depending upon the circumstances. The intangible rights can be transferred in India in accordance with the Transfer of Property Act and that too by a registered document.

Q7. I am resident of Delhi, only son of my mother. My father expired long back. I have 3 sisters all are married , I am also married living with my mother in a flat registered in her name. I wish to get the flats registry changed in my name with my mother content. Pls. advise in details what options do we have for this. I am working and am 29 years old. My wife is a housewife and this flat was bought by her by own resources as well as mine. Pls. advise if she can gift the house to me, what tax, if any will be payable. I hold NRI status. Does just will from her will be sufficient for this.

A. Your mother can execute a WILL in your favour. However, if your sister will object or you apprehend and objections from their side then please go for a Gift Deed. The gift is required to be registered under the Indian Registration Act. You have to pay stamp duty of 8% on the value of gift, i.e. the property in question. In case your sisters will not object then go for WILL. But at the same time take affidavit from your sisters that they know about execution of WILL in your favour and shall have no objection to the WILL, as a precaution.

Q8. A family relation has died without leaving a Will. He was not married. He has I surviving brother and 2 surviving sisters. All his other brothers and sisters have died. The family is Hindu, under the law who all qualifies to inherit from the estate. Only the surviving brother and sisters or do the children of the other brothers an sisters who have died also qualify?

A. Your case fails under Class II heirs of Hindu Succession Act. The property of a male Hindu dying intestate shall devolve firstly, upon the heirs, being the relatives specified in class 1 of the Schedule and secondly, if there is no heir of Class I, then upon the heirs, being the relatives specified in class II of the Schedule. Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs, those in the first entry in class II shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry, and so on in succession.

Q9. A family relative has died. He was a Hindu and being a bachelor he did not have immediate family. He has 3 living brothers and sisters and 3 of this brothers and sisters are deceased. The deceased brothers and sisters have spouses and children. He has made a will giving 1/3 share of his estate to one brother who is alive, and 1/3 share each to a nephew and niece of one his surviving sisters. For probate purposes can any of the other living brothers/sisters contest the will. Also can the spouse or children of the deceased brothers/sisters contest the will? What if any, can be legitimate grounds for contesting the will? For probate will the non- -inheritors be required to give any no objection document?.

A. On filling the probate proceedings all the legal heirs will get the notices from the court for filling objections if any. If the heir does not appear before the court it will be presumed that such person has no objection to the grant of probate. Children and spouses of the deceased brothers and sister can also file objections to the grant of probate. Will can only be challenged if it is not properly executed or it was not properly attested by the witnesses or the person in fact had not executed at all or the person executed the Will was influenced by the beneficiaries or the beneficiaries had taken interest in the execution of the WILL. Giving of no objection is not necessary but the presumption will be drawn as stated above. But if no objection is given in court, it would be better.

Q10. If I make my will only in my sons name then my daughters entitled to any thing. Also if a person dies without making a will then daughters entitled to legally for the right in the property?

A You can make WILL in favour of your son by excluding the daughters. If no WILL is made, on death all the legal heirs which includes daughters, have equal share in the property along with sons.

Q11. My mother owns a flat in her name. Can she sell the flat to me or it has to be gifted or willed only?. I am 29 years old, male and have 3 sisters, all married.

A. If your sister will not create problem WILL is the cheapest mode. To further ensure, you take affidavit from your sisters that they know the execution of WILL in your favour and they have no objections. Otherwise gift or Sale Deed is the safer mode. Out of two Gift is preferable. It has to be executed on appropriate stamp paper (depending upon the value of the property) and registered with the Sub-Registrar.

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About the Author

- Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

Displaying 172 Comments
Have Your Say
  1. ashok says:

    My father left a WILL which is unregistered but signed by him and two witnesses The contents of the WILL says that I get the Ground Floor and my brother gets the first floor.,But we are residing the opposite way i.e. now at present I am staying in first floor and my brother is staying in Ground Floor. The WILL states after death of my mother both the brother gets the property as stated above,
    My brother is refusing to shift to first floor , what I shaould do now to make him shift to first floor? My mother died recently.

  2. D J KHERA says:

    PROPERTY LOCATED IN LIMITS OF MCD-NEW DELHI. I HAVE GOT MCD MUTATION DONE IN MY FAVOUR BASED ON REGISTERED WILL OF MY VIDOWED MOTHER IN 1985.CAN I SELL THIS WITHOUT GETTING PROBATE ?DOES THE BUYER HAVE ANY LEGAL RIGHT TO INSIST ON PROBATION.(PL GIVE LEGAL PROVISION) WHAT IS THE COURT FEE FOR OBTAINING PROBATE IN THIS MATTER.

  3. M UDAYA KUMAR says:

    sir, your Legal FAQ under Wills Succession and Probate question no.8 is not answered specifically, only provision has been quoted. can you illustrate the ans

  4. subash sanan says:

    How do I probate a will written by my father-in- law.The will is registered with local sub-registrar.Is it really required to probate it and why ? What is the meaning of probate sir.
    Subash

  5. Anamika S. says:

    Is it correct that an Indian male cannot give his property (house) to anyone but his wife or unmarried daughter ? How can a male divorcee transfer his vacant house to a non-relative in such a manner that his ex-wife, unmarried son and married daughter do not claim it now or later. It is not his ancestral property.

  6. M.Aneesuddin says:

    Dear Sir

    I have two issues of property , whee I need legal assistance :-

    a)A muslim person died in 1994 .The property was soley purchased by him and all the documents are in his names . After his death his brothers obtained a wrong succession certificate and with the help of village patwari included their names in land revenue record . With this wrong entry the real legal heirs have beem deprived from the rights in the said property .Can we take any legal action to correct the succession and remove the names from the land revenue record.The land is situated in Andhra pradesh – telangana

    b)A hindu gifted a property to a muslim friend in recognitiion of the services rendered to him by the muslim friend and even financially the muslim supported him. The hindu frient after the deth of muslim friend gifted a property by saying thatthis property is for the children of muslim friend. The muslim frient has two sons and two daughters . The brothers ofthe muslim friends are claiming a share in that property . Are they right in their claim as permuslim personal law and how this property will be distributed among heirs of the muslim friend.

    I will highly appreciate your legal response to the above cited two issues.
    Yhanks . This property is also situated in Andhra Pradesh – Telangana

  7. kumar manglam says:

    My mother bought a property from a widow with proper execution of money and sale deed/ registry in court in 2005
    Today I come to know that a lady had filed court case in 2006 against her claiming she was sellers adopted daughter and had won the decree in 2012 and now execution of it done ex -parte.The building is closed as my mother had expired.This complainant never appeared in court herself as I am told, the complainant has a photostat copy of adoption deed but it does not have original in court record. What are option for me as I am Legal heir of this property but received no notice diretly to me or my mother ever received it
    The

  8. bharti nayak says:

    Father made the will in favour of his wife (my mother). Property got transferred in favour of my mother. Mother has four sons and one step daughter. Can mother make a will in favour of three sons only and not giving any share of property to rest – one son and one step daughter ?

  9. Don Bakshee says:

    My father expired on 05 April. He had executed a will in favour of my mother and the same is registered in the Sub Registrars Office. The house has to be transferred in the name of my mother . Can you please advise what action is required to be taken by us for transfer of property in my mothers name. We are one brother and sister.

  10. Jastej Singh says:

    You should visit the concerned office where transfers of properties in your area takes place and seek further instructions from them.

  11. payel dutta says:

    My grandmother gifted her property to my father and the property already has been registered in my dad’s name.Now my elder uncle is claiming the portion of the property.Is it possible for him?For the gifted property NOC of other son is required or not?

  12. Jastej S (Team Vakilno1) says:

    No NOC from other son is not required.

  13. Can my mother sell her house which is under her name, without giving any share to her children (sons and daughter)
    Does she have a right to sell her property?

  14. Jastej S (Team Vakilno1) says:

    if its her self acquired property then she can definitely sell the same without any consent from children.

  15. we are hindu family and fighting the case for succession suit after the death of my father. My mother is also no more in this world. we are two brothers and one elder sister.
    During the trail my sister ignore the share in my father movable and immovable property. But after all the processing taken place the judge is saying that that the property is divided in three parts ,instead my sister complety ignore in front of court, and told to divide the property between both of brothers. kindly suggest me which law is applicable to solve my issue. If possible kindly mail mail the judgement copy if any.
    Thanks
    krishna tiwari

  16. Jastej S (Team Vakilno1) says:

    hindu succession act

  17. Jastej S (Team Vakilno1) says:

    You should first get the probate of the Will. Thereafter, you can file a suit for enforcing the terms of the Will by asking for possession.

  18. Jastej S (Team Vakilno1) says:

    Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will.

  19. Jastej S (Team Vakilno1) says:

    Where the property stands in your name on the basis of the said Will, the probate may not be necessary in such a case. So far as court fees is concerned, you have to consult the local lawyer in this regard.

  20. srikanth says:

    Sir can a notary do gift deed work

  21. srikanth says:

    Sir can a notary make a gift deed and register

  22. Jastej S (Team Vakilno1) says:

    Gift Deed should be registered only with the Registrars office and not with the Notary.

  23. Jastej S (Team Vakilno1) says:

    Gift deed must prepared by an expert and then must be got registered by the registrar’s office.

  24. Mathew says:

    My father in law expired on 2000 december and we have a property in kerala in the ownership of my father in law and mother in law they have 2 daughters
    now we want to sell this property my question is whether mother in law can sell the property with out any legal documents from her daughters and we applied for sucession certificate
    as it takes for a long time for getting…there is any alternative for this sucession certificate…?

  25. Jastej S (Team Vakilno1) says:

    The mother-in-law can take affidavits and no objection from the legal heirs of the deceased and then can sell the same. She can also take General Power of Attorney from the legal heirs of the deceased to act on their behalf.

  26. i have my uncle who is no more now and he was not married too and has not written any will in anybody name. One more uncle and his sister is still alive and we are the sons of elder brother who is no more. Will we be getting any kind of share from his property or not?

  27. citation/authority required. says:

    All advocates say thit is not mandatory to get a Will probated if the Will wasexecuted in Delhi. But when one goes to to DDA .HUDA etc to get the property mentioned in the Will transferred they ask for the PRobate of the Will. Is their any specific statute/Administrative order that Wills executed in Delhi need no Registeration (Registeration of Documents Act) and Probate.Is this mentioned anywhere in the Hindu Succession Act /Indian Succession Act. How is that te correct position inthis regard is no known even to the Advocate fraternity largely’

    Thanks

  28. Kartik says:

    HI. We are from Hindu community and the property which we live in is owned by me and my Father while my Father has contributed majorly and I have taken a loans to buy this property and to do interiors as well. Now my Father is 80 years old and wants to equally share the proceeds from this apartments between the three children. ( I have 2 elder sisters, married and settled in Mumbai ).

    How much share am i entitled in this since I am the co owner of the property ?

    Regards

    Kartik

  29. Jastej S (Team Vakilno1) says:

    As it is you and your father who have contributed money in order to build the said property then both of your co-owners in the property. How much you own in the property is the matter of understanding between both of you. Where you want everyone to have share in the property including your sisters then you and your father will have to execute Gift Deed in favor of your sisters. If all of you had contributed in the buying of the said property then all would have had share in the property as per the contribution made by the respective persons.

  30. Jastej S (Team Vakilno1) says:

    Will is not required to be compulsorily registered in India. So far as probate of a Will is concerned, it all depends on the local bye-laws of the concerned place. These local laws varies from place to place. Though getting a probate will always work in your advantage. Provision for probate is given in Indian Succession Act section 276.

  31. Sir, I have purchased a house way back in the year 1985 with GPA, Agreement Deed, will, Special Power of Attorney and all the related documents. The Payment receipt is registered in Delhi and the GPA etc are registered in Gaziabad in July 1985. I applied for conversion of lease hold to free hold in 1993 from L & DO who gave their sanction in 1994 and ultimately I got the conveyance deed in the year 1995 which I got registered. my question is Was there any law in 1985 which states that the GPA & other documents must be registered in Delhi for the Delhi Property? If not can L & DO revoke the conversion done in 1995 in the year 2013? Please answer my qwuery

  32. P. F. JOSEPH says:

    WE ARE CHRISTIAN. MY uncle died in 2006 with a registered will. In Maharashtra, There is a ancestral property which was on his name. With the will all of his ancestral agricultural property he donated to his 2 son and one house to his one daughter. Now the value of agr. land is hiked. The daughter says, Since it is ancestral Property, My father has no right to make will on that property and there should be equal part i.e. 1/3 each of the property. As per christian succession act, 1) what is the legal solution ? 2) does the father has right to make will on ancestral property ? Please guide. Thanks.

  33. Jastej S (Team Vakilno1) says:

    First this that need to known is as to on what grounds your conversion has been revoked? These grounds are given in the notice of revocation. Secondly, where they had done the conversion way back in the year 1995 then the same cannot be revoked after almost 18 years without any rhyme or reason.

  34. lakshmi says:

    There is a father who has 4sons. The Ancestral property was divided between The Father and the four sons as one half of the share for the Father and the rests to be shared by the sons.Now the father has written a will that his share goes to a single son. what is the legality of this will? is there any cases or citations relating to this issue?

  35. Jastej S (Team Vakilno1) says:

    Where the property was self acquired by the father, the same could have been bequeathed by way of a Will. However, where the property is ancestral in nature, the same cannot be bequeathed by way of Will. Every child has an equal right in that property.

  36. lakshmi says:

    Thank you very much for your quick reply….Can you state somes decided cases in this respect!!!

  37. jareena says:

    Actually my mother has house property in her own name. want to know the mother property has rights to daughter or not according to muslim law. actually we are 6 sons and one daughter. my brother are rejecting to give share on house.

  38. P.F.Joseph says:

    Dear TEAM VAKILNO 1,
    Please reply my question. Posted above on May 31, 2013. I am awaiting eagerly. Thanks.

  39. ARUN RAJGURE says:

    Sir My Mother got property from his mother(After death) as she was not having any brother. we are 2 brothers and two sisters. My Mother registered the will dead before the death that the property is to be given to only one son. Tell me is this is a ancestral property. can we get the share in my mother property as a 1/4.

  40. Jastej S (Team Vakilno1) says:

    Sir, your case needs an in-depth study of the matter as also of the Christian Law in particular and also of the regional laws. We can assist you with the common and day to day problems. For such in-depth study you have to avail customized services.

  41. sahil mehra says:

    My father made huge investments in shares certificates and uti bonds etc…? And he died in 2005 without any will. We 3 brothers and one sister. No nomination. What do we have to do get the amount investment from respective public and private companies. Please advise whether succession certificate required????

    Thanking u in advance
    Sahil

  42. Jastej S (Team Vakilno1) says:

    yes you must apply for a succession certificate in this regard.

  43. ANSH says:

    My father died without writing a WLL. We are one daughter & son & mother living in kerala.My mother wants to make a legal heir certificate. She tells other wise there is no proof that we are the legal successor and any body can claim rights on the property. Is it necessary to have a legal heir certificate?.Kindly advice.

  44. Jastej S (Team Vakilno1) says:

    The certificate that your talking about might be a ‘Succession Certificate’. It is generally taken from the Court when Shares (as in share market) are involved or such other properties are involved where the interest of the deceased is not allowed to be transferred unless there is a Will or a succession certificate.

  45. Sushil Kumar says:

    If my father make will only in my name then my married sister entitled to any thing?

  46. sandeep says:

    in self acquired property will can testator put condition that the
    legatee should not spend money which he received by will or get by will for divorce compensation or alimony does it violate section 127 of indian succession act

  47. Jastej S (Team Vakilno1) says:

    In my opinion, your guess that section 127 will be violated could be right. A prior condition could be imposed but a condition after vesting of the property cannot be imposed.

  48. Jastej S (Team Vakilno1) says:

    If it is the self acquired property of your father then he is entitled to make a Will and bequeath the same to any person. So your sister cannot stake claim in such a property.

  49. Abhishek Awal says:

    My father expired on the 5th of June 2011, before that my grandfather had made a will, as per the will the residential house in which we are currently living was to be transferred in my father and my mother’s name. My father had 2 sisters, both married, who were each to be given Rs 1 lakh as per the will. On the 6th of October 2012 my grandfather also expired after which on the 30th of November 2012 my grandmother too expired. Now what I want to know is how do I get the will probated and should I probate it or not? Do I need the consent of the sisters for the flat being transferred in my mother’s name?? Please reply as soon as possible

  50. Jastej S (Team Vakilno1) says:

    The problem now is not probate of consent; the main problem is that if the beneficiary dies before the testator (person making the Will i.e. your grandfather), in such a case the Will made by the testator becomes null and void and a new Will is required to be made.

  51. SWAGATA GOSWAMI says:

    My mother prior to my fathers death . My father left a will in my name giving a residential flat and his acestral poperty. I have two ealder sister both maried and at their places . Lone Younger brother residing abord . At the time of my fathers death i was unmaried and i filed petition for probate at court. Latter i got married and presently i reside with my in-laws at their place . I have let out the flat which is a soicity and I am a member in the Society. Now my sisters are reluctent to give no objection in the court and also pressing to withdraw the probate from the court . I am not willing to withdraw the probate . My question is would I get the poperty in my name & How much time will it take. Please advise

  52. Jastej S (Team Vakilno1) says:

    Vide a Will, one can bequeath a property which is self acquired only. Even if your sisters are not giving no-objection then issues will framed in the case of probate. You shall have to then prove the Will by way of testifying the witnesses of the Will.

  53. But the beneficiary in this case were both my parents as the house was supposed to be transferred in their name. So isn’t my mother still a beneficiary??

  54. Jastej S (Team Vakilno1) says:

    Then also in my opinion the Will becomes void as one of the beneficiary died.

  55. So if I make an Indemnity Bond and submit it in the society, will that be enough to get the flat transferred in my mother’s name??

  56. Jastej S (Team Vakilno1) says:

    societies have their own set of rules and regulations which they can make under the Societies registration act and the same have to be perused before commenting upon this further query.

  57. My elder sister died around 75 days back following for her demise her spouse also died after 3 weeks. Both spouse have no child on adopted child as well, they did not made any will also.Both of them have independent Fixed Deposits,maturing 2014 and above, WIFE first holder Husband joint holder vice verse Husband first holder wife Joint holder. some of the deposits Nominee Grand children, (one each), of Husband’s brother.After demised of spouses, nominee premature settlement of the FDs, tfrd to their new accounts opened with the banks, and distributed amount among the family members of my B-I-Law,including members who are not legitimate as per Hindu S ACT. without informing us, despite of verbally agreed to intimate. Similarly in other bank, niece of my B-I-L got her name added in the account after demise of my sister, and also premature settlement of deposits and tfrd in her name.
    As we are NRI, have lodged complaints in the banks, how far we stand for our rights,

    I NEED format of SUCCESSION CERTIFICATE.

    pls advise,
    thanks and best regards
    KISHIN JETHANAND

  58. Jastej S (Team Vakilno1) says:

    Nominee is just a kind of trustee. He can be a beneficiary as well but in no way nominee is the sole beneficiary of the estate of the deceased. The property of the deceased will in the hands of the legal heirs as per the Hindu Succession Act. So far as the succession certificate is concerned, you shall have to apply in Court for the same and the Court will grant it upon the completion of certain formalities in this regard.

  59. Prashant says:

    Sir, A person was expired leaving behind a residential apartment in his name. His wife is also demised. The couple has two sons and three daughters (one son with his wife deceased leaving behind no one and one daughter died with leaving behind husband and kids). Cooperative Housing society (the building)has nomination of only one daughter for the flat. Now the surviving heirs (all) want to sell the flat. How to proceed? whether succession certificate is mandatory to do the transaction? Thanks u.

  60. Jastej S (Team Vakilno1) says:

    If there is no problem inter-se the parties, then the property can be sold without any problem. If there is dispute between the siblings then succession certificate can be obtained from the court.

  61. Garima Choudhary says:

    My mother owns two properties registered in her own name, a flat and a piece of land. The flat was paid for by my father but registered in my mother’s name. The land was transferred in her name after my father’s death when my brother and myself were minors. Currently my brother and myself are married and are living in Mumbai. Now, it is her wish to transfer the entire property in my brother’s name. Will I be able to contest the will later or can my brother get it transferred in his name without getting the will probated.

  62. Jastej S (Team Vakilno1) says:

    I don’t see the question of Will being important because now both the properties are in the name of your mother. If the properties were the self acquired properties of your parents then and the properties are standing in the name of your mother, then she can dispose off the properties to any person she likes.

  63. sir,
    after getting probate certificate can a persion apply for BL&LRO mutation ,municipal mutation withinn One Month?

  64. the will of my late father was attested by one witness and was notorised and stamped with seal of the notary now the notary says that i signed in the capacity as a witness and not as a notary the will is chellenged in mumbai high court will it be held that the notary is the 2nd witness the place where the 2nd witness is to sign is blank the notary has signed on the right side of the document as a notary what is your opinion in cases where wills have been notarised still there are two witnesses pl tell thanks Chandrakant

  65. Jastej S (Team Vakilno1) says:

    Yes, you can apply for the mutation within one month of getting a probate. In-fact, you can apply afterwards as well.

  66. Jastej S (Team Vakilno1) says:

    In India, it is the legal requirement that a Will must be attested by at-least two witnesses. If there is just one witness then the Will is not valid. In your case, the decision of the Court will entirely depend on the facts and circumstances pleaded by you. The intention of the maker of the Will as also of the Notary will be the relevant factor.

  67. My mother who dies on March 3rd 2013, had two houses in her name – one in Bandra occupied by my youngest brother and another in Naigaon Vasai which she had put the same brother’s name as second holder for the sake of convenience. Now my brother is claiming both properties and is not willing to share is with his two brothers and one sister. is he correct in doing so? Can any action be taken against him for equal division of the two properties between the four children?

  68. Jastej S (Team Vakilno1) says:

    Where a Hindu female dies and leaves behind property without a Will then the same is divided amongst her legal heirs as per the Hindu Succession Act. You can file a suit for partition of the property.

  69. Ajay Shukla says:

    We are 3 brothers and one sister. My father constructed a house out of his own earnings. He died last year without leaving a will. The house was registered in his name. After his death, we brothers and sister have given consent that the house be registered in the name of our widowed mother. She is also very old now. Can she write a will regarding disposal of the property, or the property will be equally divided between the children irrespective of her will ?

  70. Jastej S (Team Vakilno1) says:

    Where a make hindu dies without leaving behind a Will, then his property is divided amongst his legal heirs in first class in equal shares. In your case, the property can be divided in equal shares among all the children and your mother. All will get equal share in the property. This being so, there is no point in transferring the property in the name of an individual and thereafter waiting for that individual to distribute the property vide a Will amongst other heirs. This might also lead to numerous disputes.

  71. Nalin Kohli says:

    Sir, I am from Hindu community and wanted to ask whether I need to transfer the property/portion of the property bequeathed by my father to me in my name if I want to give it on rent

  72. rakhi says:

    My brother had transfered his property in my name 3 years back. It is registred. now he wants that back. can he cancel the registration?

  73. shankar says:

    sir i am the elder son of my family. i have one younger brother. We dont have any property when my father died. After father death i studied and i worked hard and working in abroad. i have some property which is earned buy me. My brother start work since 2007. Whenever i asking y brother his monthly salary he is refusing but after some day he given his monthly salary for 4 years. after that he changed the job. And he is starying far away from me whenever i am calling he is not picking the call. After Some days i realised why i have to ask him leave it. Now he is married he is asking property from me. He paid me only 4 lac rs. I am working since 20 years. I done all type of hard work. He is asking 50-50 property. Is there any law to make the complaint against him. I am ready to give 20 lacs to him but he is refusing. pls advice me.
    Reply

  74. My Dad has a will that names me (an only child) as the one to receive all of his possessions and a house at his death. He remarried after my Mom died and they are living in her house. My question is since I am named as the heir, does his present wife have a claim on the house at his death? My husband and I are thinking of moving into the house and want to make sure she can’t come and move us out at his death. Thanks for the info.

  75. my grand mother has done will at 10-08-2005 and she died at 6-08-2012. my father has four brothers with him and one sister but she is dead. my grand mother has done registerd will without sign of my father and his next little brother. my grand mother has done will in favor of only two younger brothers. the younger brother has shown the will after the death of my grand mother. can this is a valid will or they have to receive our affidavit in favor of two younger? brothers?

  76. Anil says:

    I was gifted a property generated out of own income by my uncle in 1993 by making a gift deed and registered with notary. Because of family relation, trust and financial constraints gift deed was not registered with revenue authority. Since 1993 I have been spending funds for maintaining and addition alteration to said property by withdrawing funds from my PF account. My uncle expired in 2009, with out making a will. There after children of my uncle issued consent document accepting un registered gift deed as will of their father. Now I applied for registration and to pay duty. Because of change in relations due to some dispute can they now oppose gift deed and withdraw consent letter issued in 2009. Please advise legality and further steps to be taken by me to safeguard my interests.

  77. Jastej S (Team Vakilno1) says:

    For a proper reply to your query, a perusal of the consent letter and of the gift deed is also required. Though in my opinion they can challenge the consent letter. See, requisites of the Gift Deed are very different from the requisites of a Will.

  78. Jastej S (Team Vakilno1) says:

    The Will is valid. In-fact, the beneficiary of the Will must not sign on the Will at all. However, there are certain authorities, who still insist upon the affidavits from the other legal heirs.

  79. Jastej S (Team Vakilno1) says:

    If he does not make any other Will, then the property should be transferred in your name and there should be no problem from any quarter whatsoever.

  80. Jastej S (Team Vakilno1) says:

    He cannot claim any share in the property that has been purchased by you entirely from your own money.

  81. Jastej S (Team Vakilno1) says:

    If its simply a registration, then he cannot cancel the same.

  82. Jastej S (Team Vakilno1) says:

    Your query is not clear. So far as I can understand your query, the property that has been given to your through a Will becomes your self acquired property and you can give the same on rent.

  83. Anil says:

    PS. Please refer my earlier quarry and your advise. The consent has been accepted by the other party in first document, and twice again while giving legal notice to some other party and in the e mail. In case of multipal acceptances can they withdraw back. And what will be their credibility in court of law. As the notary registered gift deed has been accepted as will too.

  84. aks says:

    ,

    My father expired without his will.
    we are 2 brothers, 1 sister and my mother.

    Property was on the name of my father only and he expired w/o his will.
    now we all want the property should get transferred to my mother only.
    Except my younger brother, now how can I and my sister help my mother.

    We all want that she should be sole owner now for the house, as the younger brother and his wife creating probs for all.

    how Indian law can help us.

    Regards.

  85. Jastej S (Team Vakilno1) says:

    A person who dies without making a Will, his self acquired property is divided equally among his legal heirs. Your brother is equally entitled to the share in the property like you and your mother and sister.

  86. Ash says:

    Hi!

    My mother left a will that her property to be divided equally in her three children. If any of her children get govt. job as compensation against her job due to her death as she is not keeping well, then that children will not get that share in property. She has not mentioned any property. My father died earlier than mother. My mother paid all the installments for the property.

    Is this will valid without description of property and can it still be enforced and probated.

    Please clarify.

    Thanks

  87. skb says:

    My father had made a house (3 storey) occupied by my parents and two brothers each floor. My both the parents died without making a will. Parents floor is lying vacant and is cleaned by either of the brothers from time to time. We are three sisters all married. To get our share of the property. What should be done. What are the steps taken if the brothers refuse to give our share. Can the court refuse to give our share if financially we all are well off and own the houses of our own.( both the brothers also own another flat each)

  88. Jastej S (Team Vakilno1) says:

    If it is the self acquired property of your father, and he dies without making a Will, then the property will devolve upon each legal heir in equal shares. You being a legal heir can file a suit for partition of the property and for recovery of possession.

  89. Jastej S (Team Vakilno1) says:

    Your query can be replies in a customized manner after a close perusal of the gift deed and the consent letter.

  90. Sunil S says:

    My father purchased a flat, after his death society transferred the flat in my mothers name. Now can she gift this flat to any one brother. We are 2 brothers and 4 sisters

  91. De Souza says:

    Hi, can anybody help me. We had a property in Pune, India. My ex-father-in-law expired and the property transferred to his wife my ex-mother-in-law. I was divorced from one of their sons and had a child of my own.
    My mother in law has since passed away. I want to know what happens to this flat. 1) if my mother-in-law made a will 2) if no will was made.
    I was informed that the property was left to one daughter and my ex-husband who passed away shorty after my ex-mother-in-law. I want to know since my ex=husband has a legal heir i.e. our son – shouldn’t his share go to his son.
    How is it possible to check the succession of a property in Pune, India – I live abroad and have been trying desperately to check this matter.
    Your views would be most helpful

  92. Girish Arora says:

    My father died without leaving any will but had enrolled my mother as a nominee in the society flat. flat is free hold in the name of my father. we are two brothers and one sister. My mother,brother and sister relinquished their rights in my name and the relinquishment deed is registered. the flat is mutated in my name in MCD. Is it required to get the convenience deed in my name again to take membership of the society.

  93. AKAS says:

    My father has a self-acquired housing flat. He wanted to nominate all his 3 sons in the Society Nomination having equal share. However, mother objected and stalled the process by writing an objection letter to the Society. The Society has returned the nomination request. Mother later on filed a case against Father and his 3 Sons. The Court restrained him to not to dispossess her or create any third party agreement/transfer/sale of flat or agreement of whatsoever nature. Under the present restrictions can my father file fresh Nomination in the Society? If my father dies without filing the nomination, what will be the consequences? How do the sons secure the flat from the Mother?

  94. nina says:

    my sister was a widow without issues, she died leaving some property by gift deed to me. She also made me joint account holder for 7 fixed deposits in bank/ post office. In case of some fixed deposit she made me nominee. However for some other fixed deposits she forgot to make me nominee. Can I claim those fixed deposits.Her brother in laws son is claiming those Fixed Deposits. Please advise
    regards
    Nina

  95. Chindru says:

    Sir
    We are belonging to Hindu Nair Family at kerala calicut,My mother died with out writing will last year .Our family consists of My father myself(son),my sister. My mother’s mother is alive now.My mother is having property by gift deed of her mother and father and also self acquired.My question is whether my grand mother is having share in my mothers property?if yes self acquired also dividable? and what is the proportion?Is my father having claim on that?If my grand mother not claimed now after her in future who all are eligible to claim for that?Is marumakkathayam act is applicable in kerala Nairs?

  96. Anonymous says:

    sir,
    i have some doubt regarding properties issue please guide me.

    my grandfather death on 1958. my grandfather have three sons only,after grand father death my elder uncle is owner of my family from this time,after that my uncle purchase some land properties of own name between (1967-70).this properties purchase time my father age is 15 years maximun,my father and younger uncle is minor in age .after purchasing this properties my father and my all uncle used this lands for agriculture from 20 years .after that my elder uncle and his sons Captured this all land properties,
    and they told this properties is only my father ,
    CAN I claim this properties in court ,
    please guide me….

  97. Sir
    A will has been made in my favour with respect to a property from my Aunt . Now suppose on my demise will the property be transfered to my wife and will she be entitled to enjoy the same

  98. In the above question My aunt is still living Does she have to change the will in my wifes name or will the the same document be transfered as we are both aged more than seventy years

  99. I just wanted to know that whether the widow of the deceased can file an Application in the Court of Civil Judge for grant of heirship certificate without describing any property. She just want a Heirship certificate to show in the various government departments, in case any need arises, that she is the legal heir of the deceased. The problem here is that she is unaware of the properties of the deceased. Please help. It’s very very urgent. Thank you.

  100. naveed says:

    hello.

    Please clarify/ help me understand.

    in Chennai we have come across a seller who claims he is staying in the property for 10 + years. The actual property belongs to an education trust. Can we buy such property. The seller claims that he can get a NOC from the trust. If so can we register the property basis NOC.

    Please. Naveed

  101. naveed says:

    is it advisable to buy a property from a seller who is an individual residing there. The actual owners being a Non profit established trust.

    The seller claims that he can get NOC from trust. If so can we register after we get NOC. Please advise.

  102. chacko says:

    my father died without a will,how is his property will be divided among widow#2 children as per christian law

  103. Subramaniam says:

    I have been offered a house for sale near Hyderabad, Andhra Pradesh.

    The owner of the house, a Hindu, and a retired central government employee and a pensioner died about a year back, intestate (without a will). He is survived by his widow, his married son and his married daughter.

    All 3 legal heirs, named above are ready to execute the sale deed in my favour. They do not possess a will or a succession certificate or a Legal Heir certificate.

    I need to know what documents would I need from them to ascertain legality before proceeding with the registration ? What documents / certificates Would the registrar need to be able to register the sale deed in my favour ?

    Are there any other issues I need to consider ?
    An early response will be highly valuable.

    Regards,
    Subramaniam

  104. Manoj Jain says:

    My father was a British citizen and left two wills. Can you please contact me urgently to discuss this matter

  105. sridevi says:

    i am a widow having daughter my father in law has not given any share but he has made a government registered will in the name of my only brother in law and his wife can i challenge the will in karnataka i came to know about the will after my father in laws death my daughter is 15 year old and my husband expired when she was 3yrs.this property is self earned by my father in law

  106. Poonam says:

    My father-in-law, left his property in name of his wife i.e. my mother-in-law,which will be transfered in her name, she has 1 son and three DAUGHTERS, CAN SHE NAME THE WHOLE PROPERTY ON THE NAME OF ANY ONE CHILD.AND CAN’T THE REST OF THE CHILDREN OBJECT TO IT,AND WHATEVER MY HUSBAND HAS EARN ON HIS NAME , WILL IT BE ALSO A PART OF THE DISPUTE AS WE ARE LIVING WITH OUR IN LAWS AND TAKING CARE OF THEM.

  107. NIKUL PATEL says:

    HI….SIR I AM NIKUL PATEL
    I WANT SUGGESTION FROM U THAT MY “NANA” MUMMY’S FATHER HAS MADE A WILL WHICH IS NO PROBATED AND WILL MADE IN HOSPITAL
    SO IS IT NECESSARY THAT MEDICAL OFFICER,S SIGN SHOULD BE IN THAT TO ENSURE PATIENT IS FIT MENTALLY OR PHYSICALLY AND HE IS ABLE TO MAKE WILL? CAN I CHALLENGE IT? CAN I REGISTER F.I.R. AGAINST SECOND WIFE WHO FORCEFULLY TRIED TO MADE IT BY MY “NANA” RIGHT NOW ENTIRE PROPERTY,S OWNER IS SECOND WIFE.

  108. My mother has divided her property , inherited from her parents unequally among her 3 sons and 1 daughter. I, the daughter came to know of the registration 1 day after it was over and immediately submitted a protest letter at the registrar’s office. However, I was asked to go to the court. is this the right procedure.What legal and other options do I have?

  109. Sadiq Ali says:

    Sir
    my wife has two sisters and all are married and living in one single house which is in the name of my motherinlaw.My father & mother in laws died intestate but in their life time they allotted the shares to each daughter but not equally. All the three sisters are satisfied.But for future they want to get transfer their respective portion in their names.Pl advise how to go ahead to save the stamp duty.

  110. nitu says:

    we have a house in faridabad in the name of my father, who died 16 years back without a will. my mother is also expired. we are 3 brothers and 2 sisters. sisters have no interest in share. how this house can be divided among three. I have a doubt that my elder brother has transferred this property in his name as he had so many blank paper signed by father. he is postponing the sale of property since 5 years.kindly advise from where i can get the detail of the title deed and how can i get my share. regards

  111. Jigar says:

    I am panchal jigar, my grand mother had made a will on my father name as we have taken care of her and nothing to my uncle as they were no ready for her care.

    unfortunately my grand mother died and one of witness of this will also died and will it self has no notary stamp on it.

    Please let me know validity and accuracy of this will without notary and if notary require how can we proceed for notary???

  112. TAZ says:

    Hello Sir,
    I am an Indian but living in UK from past few years. I bought a site in india and registered it under my mom’s name who lives in india. further i constructed a housing complex on the site from my earnings. Now how do i go about getting this property in my name as my mom wants me to get this changed in my name asap as she thinks that my sisters may claim rights upon her death.

  113. S Choudhuri says:

    My father expired in april 2013 and my mother has expired in 2002. My father had a 980 sq. ft. flat in his name and he has given the nomination in my favour to the Cooperative society regading the flat’s legal heir and my sister has given no objection affidavit. Please tell me whether I may sell the property to the prospective buyer? what are the steps to sell?

  114. v.k.yadav says:

    my grandfather(settlor) made a registered private trust of his hotel business in 1972 and put his son and wife as beneficiaries. the trust deed says that upon death of any beneficiaries his/her shares would devolve upon their legal heirs so that other beneficiaries are not deprived of equal shares. in 1989 he (settlor) himself made a will that his shares of profit would go to his one grandson only. he died in 1991 and the will was probated in 1997. now the other beneficiaries are advised by some lawers that the will made by my grand father does not go with the trust deed writings. now we want to file a suit in the high court of calcutta to cancel the said will as it does not agree with the trust deed writings. can this will be challenged in the court or by limitation act it will be rejected. we have consulted many senior lawers but no satisfactory answer we got. please confirm on this matter. thsnkyou

  115. RLM says:

    Dear Sir, my father lived in Jodhpur, Rajasthan. He passed away in 2012. He had a written Will. My father left immovable property to my brothers, giving my mother right to live in the property. He also left all cash and jewelry in my mother’s name for her to distribute as she wishes. My father’s Will was not opened in my mother’s lifetime. My mother passed away one year and 6 months after my father. My brother opened my father’s Will 3 days after my mother passed away.Since my mother was one of the main beneficiaries and the Will was withheld from her my questions are 1. Is my father’s Will valid now? 2. Who gets the immovable property? Does a daughter now have any right on the immovable property of my father? 3. Who gets cash and jewelry? 4. Is there any statutory limit to challenge the validity of this Will? Appreciate your answers. Thank you.

  116. Devika says:

    Sir/Madam,

    My grandfather executed unregistered will bequeathing his self acquired property in fvour of grandmother and he passed away in 2003. My grandmother on the basis of the will got khatha in her name. Now my grandmother gifted the said property to her eldest daughter. Now the revenue authority are not accepting for the khata transfer as the will is not registered so gift deed is invalid. Appreciate your answers. Thank you

  117. Dear sir,
    My sister and brother-in-law are both employees in Andhra Pradesh and have 3 children. My brother-in-law was expired two months ago. Shall his eldest son get the job even his mother is an employee. Could you please give me any Government Order present and recommends that the eldest can get the job.

    Thanking you,

    KISHORE KUMAR V

  118. Venugopal N says:

    My father-in-law executed a registered will (for self acquired as well as ancestal properties)attested by his brother’s son as a witness to his only one daughter. Now my father-in-law is no more, after his expiry we approached the Tahasildar to transfer the property as per the will i.e. self acquired as well as ancestal properties. The authorities says that self acquired can be transferred by will/death certificate but ancestal properties stands jointly in the name of my father-in-law as well as his brother son jointly can’t transfer. We are not in good terms with my father-in-law’s brother son. What is the remedy

  119. if any property not earned by person. what, he can write a will at time of death.

  120. Amaan says:

    Property is in my and my mothers name. we are 2 brothers adn sisters. In case of death of my mother, will the proeprty be transferred in my name directly or should i get a will from my mother? so that later, none of my brotehr and sister come and claim the same. As i am the one who has bought this property and have been paying the home loan.

  121. SURYA says:

    Good website. Nice way of answeres. I liked it.

    I have one question:

    Q. My friend’s father passed away during 2007 leaving behind widow, one son, three daughters and mother. when they obtained legal heir certificate, mother of deceased has become one among class 1 legal heir. Recently the deceased’s mother also passed away. Under these circumstances, should my friend need to obtain legal heir certificat of his grand monther? please clarify.

  122. Anonymous says:

    my grandfather died in 1953 without will he was having 3 sons and 2 daughters his sons transferd and divided land in 1970 at that time court called them (as my father had to go to court to get his share) but my aunts didnt appear.finally land was transfered my father again moved to court in 2013 for redistribution my aunts name is on only one 7-12 certificate out of 5total certificates my aunts son are saying we are also legal heirs of your grandfather and we want share I dont want that happen my 1 aunt is died last year can my aunts son also legal heir of my grandfather iam hindu

  123. navin says:

    Dear Sir,
    Please help me i need you advice.
    I have agricultural as well as residential property in my village whose owner is my grand mother. my grand father is no more. my grandmother has three son and five grand son. grandmother elder son has only one son married. rest four are unmaried. my grandmothe has gifted all her property to the wife of her grandson who is married. rest four had not got any thing. my father is youngest son of her he has always taken care of all her needs and medicines so can my fathe or i claim for this if yes what is the procedure.

  124. shilpa says:

    Hi,
    My grandmother expired on 20 th dec she had only 1 son thatz my father.I have a brother and my grandfather has made him the nominee of each n everything n not my father…..my father is a v simple man hez not behind money but hez feeling humilated n Low…..is my grandfathers decision right.is there any thing I can do legaly.

  125. krishna says:

    Hi,

    My father and his 3 brothers got their share from my grandfather’s property. My father registered his share on my mother’s name. Both my parents are alive. I am the only son and have 2 sisters.My mother wants to register the house on my name via Gift deed. Should I take any legal document or affidavit from my sisters during this registration process? If I wont take do they have any legal right to claim at a later stage?

  126. swaroop says:

    My parents want to register the house they live on my name. I stay in a different city. They would like to write in the registered document that they will have right to live in that house for the rest of their life after registering the house on my name.I do not have any issue and I am ok with that. I am planning to take a loan after registration and spend some 10 lakhs to renovate the house. Do they have any right at a later point to give that house to my sister or any one? It is a ancestor property of my father. please advise? Please let me know what is the correct way of registering so that my parents will not have any problem to live in the house for their rest of the life and also sister will not object at a later stage as I am going to spend the money now.

  127. C.Lokesha says:

    sir,

    whether the registered will is valid without probate under Indian Succession Act in case of christian and what is the time limit. The Reg. Will made in the year 1988 till 2o11 is not acted upon and also not probated. whether the said will can be probated now. if not how the said will is valid.

  128. LP Singh says:

    My wife purchased a land in Patna in 1993 from a lady who acquired that land by a registered deed of gift by her father in law.Land was mutated in name of my wife in 1997 and land revenue is paid upto 2008 on a proper land malgujari receipts.Now it is heard that the gift is vacate by lower court in December 2013. Pl advice me as to what will be status of that land for my wife.Pl guide us as We are worried.

  129. Shreyas Gupte says:

    Dear Sir /Madam,
    We are residing in Pune City.we have a flat on my fathers name. he is suffering from cancer and in last stage of his life.we wants to add my mothers name who’s age is 68 in said flat .flat is registered only on my fathers name,and for registration process he will not able to go to sub registar’s office please suggest what to do ? and what is the process ?

  130. Penny Smith says:

    Dear Sir / Madam,
    My grandfather made a Will sometime in the 60s leaving half his property to my father and the other half to my father’s brother’s children. My father passed away in 1976 without leaving a Will. We are trying to get sale for a family home, but my cousins insist that the property is split in equal shares. They are 12 in their family and we are 7. The said property is in Ernakulam, Kerala. Can a Wil made so many years ago be subjected to any such change? Thank you,

  131. s visalakshi says:

    i want to purchase a property in my grandson name.
    funds provided by me.
    can u send me a draft sale for my grandson name but fund provided by me.

  132. vibhor says:

    my mother has 4 son and have no daughter. she made a will in favour of his only 2 sons. and written in this will that they (excluded sons) live apart from us as he(one of them) have taken his share already…and i do not want to give anything to other as he(other) beat us fighting with us…
    my question is : wheather they(which are excluded from the will) have any right to claim this will made by my mother …

  133. My question is that one lady lawyer had been saying on telephone that she was my lawyer and I have never met or seen her. So often talked that there was a flat in my name in Greater Kailash. She wanted to talk about the flat.I dont have a flat in above area. How can I know how the lady lawyer name who talked on phone. She had telephoned me during the year 1984 to 1090.

  134. Heena S. says:

    My father passed away recently. I am 45 year old married woman. I have mother (70 years) and Brother(47 years).As per my Brother , father has given entire property to him by a Notarised will. He has shown me the same after my insistance for quick reading. As per my mother , earlier will was giving major property to my mother and small properties to My brother and my self.However that will is missing and as per brother , father has made new will.
    (1) I am asking for the copy of the will , which he is not giving saying that since there is nothing in my name there is no need of copy for you.
    (2) I am worried about future of my Mother , since she is now entirely dependent on my borhter and his wife.
    (3) As per New Will also , there are lots of negative comments and restrictions on my Brothers wife, however same is not followed even now.
    (4) My father was Ill for last 7-8 years and there are various proofs indicating that He was not mentally normal due to ailment.
    Please advise me for the necessary action.
    Heena S.

  135. sir
    my father done a sale deed favor of me and my brother
    is it legal right and can we will take a loan against property on this property

  136. David Ponraj says:

    My father has died on 6th Jan 2003. He prepared a Will in my favour on 23rd May 1997 and registered it in Sub-Registrar’s office in my native place. We are five brothers and two sisters.

    Subsequently he has prepared another ordinary letter on 1st Dec 2001 stating his life history and all about us brothers and sister contribution to the family. In that letter he also mentioned that due to my major contribution to the family and not to have any dispute in later stage that he prepared the will in my name.

    Then in the same letter, considering poor status of one of my brother, he requested me to give the rights of the property to my brother whole heartedly.

    But I told my brother clearly that whole heartedly I cannot give the property as I have contributed lot as mentioned in the letter and there cannot be any dispute as the registered will is in my name.

    Kindly advise, what is the legality of the registered will and what stand I can take in the event my brother ask for a share in this property.

    Thank you.

  137. Andy says:

    Dear Sir,

    I left my house at a young age now I am now in my mid 50′s I am a US Citizen, currently only my brother is living with his family in my parental flat in Mumbai which my father had purchased he has lived there for the last 40 years.

    My father has passed away some 25 years ago without leaving any will and recently my mother also died. I am also a nominee along with him & my sister in the property.

    10 years ago my brother prepared a NOC letter for me to sign the property in his name, he lied to me that it was some request from the society however when I read it, I refused to sign that, since now my mother has passed away I asked him for my share, he was not too keen in giving me the share.

    He says I can come & stay there knowing only too well that I cannot, he also says that when he sells the property he will consider my share (I believe he never intends to sell) but I can see he has no intentions in giving me my share of the property.

    I am a muslim. (We are 2 brothers & 1 sister) My sister has already been given a smaller flat by my Mom which she owned so my sister is OK on not receiving any share of the property. What can I do to legally get my share of the property, can I get an injunction from the court, where the property is divided between the 2? Also incase you know of a good lawyer who can help me please write to andydarby @ hotmail.com

  138. Mangesh says:

    I’m leaving in Pune a ndWe have a SRA Scheme in Pune where my Mother got Room as Parents were living there in early days.

    The scheme is completed and we are in process to agreement for our rooms.
    The Room is on my Mother’s name. My father is past away. My Mother wants to make the Agreement without Nominee. But Builder said it is not possible to make an agreement without Nominee.

    Request you to guide on this, “is it possible to make an SRA Housing Agreement without Nominee”

    Thanks

  139. Virendra says:

    Can an individual execute a will in favour of a company? And also whether an employee can execute will in favour of his company?

  140. SUDARSHAN says:

    Respected sir,

    I grand father has 4 sons and 3 daughters. My mother is the 6th one in order. Grandfather died before i born (i.e., in 1992.) grandmother died in 2012. Both didn’t wrote any will regarding property earned by my grandfather before he died even my grandmother. My father and mother were married without taking any dowry and was married in between 1984-85. My uncles registered the agricultural land on there names after grandmother died without giving any share to any sister. Now my mom and sisters are wanted to take some share. Will it be possible to take share now. how to proceed according to law. Since, there was no WILL on any name. My mom and sisters want to take only 1 acre from 5 acres what my grandfather earned. Please sir reply me.

  141. Ramesh Ramachandran says:

    I have a question……

    I am the elder son of the family. we live as a joint family that is my brother is living in ground floor, i am living in the first floor and my parents in second floor…this property is my grand father property. Behind this house there is one more house which is in the name of my father….MY QUESTION IS
    1.DOES MY FATHER HAS RIGHT TO GIVE TO MY BROTHER WITH OUT GIVING ANY SHARE TO ME?
    2. IF HE DOES SO CAN I FILE A CASE AGAINST THEM?
    fyi there is no patta for that land

  142. darly david says:

    within how many days of the deceased person,his will can be executed??

  143. darly says:

    after the death of the executer to probate the will,what is the timeframe to avail the will from court according to indian cpc??

  144. ARUN says:

    I have 3 Brothers and 7 sisters (1 unmarried), My father want to give his whole property to my unmarried sister…. Can I object upon this? Can i claim for my share……?
    I also have 2 daughters….

  145. Ritz says:

    My Father in law has expired on 31st Dec 2013 and he has made a will which is registered too.In how much time the will should be executed.
    My father in law was on dialysis since last 4 1/2 years and his Potassium levels were very high when he made this will.
    Due to his mental dis-balance he has written the ages of all heirs also wrong .
    He had 4 legal heirs (1 wife,3 sons). Even Though the youngest son who did not see or did not take care of him during the course of dialysis since last 3 1/2 yrs, the will says that except the youngest son no one took care of him so he has made a will for the entire property should be given to the youngest son .
    This will was kept confidential from all the other heirs and the original was retained with the youngest son whom it is favouring. It was brought to notice only after the death.
    Can you suggest how it could be contested or how can we make the mother the owner of the property.
    Pl advice so that necessary steps could be taken immediately.

  146. my husband has expired on 29th Nov.2012.He had booked one flat in casa-rio. still it is underconstruction. Now the builder is insisting for legal heirship certificate. I have already applied in Kalyan court for the same. Only myself and my one daughter is legal heir of my husband. NOw, my problem is can I get exemption from court fee of the total value of flat as I am housewife and I have no anyother source of income apart form pension from govt.

  147. Anyta says:

    Dear Sir/Mdm My parents died in 2009 and I have only one younger sister. She claims that the property they owned and all its moveable contents belongs to her. She has not applied for probate yet but suggests she has a Gift Deed for the said property.
    Is there a way I can force the Will to be produced in court and can I contest the Will if I have no part of it.
    My Father who apparently made a second Will in 2007 was terminally ill with cancer, could I propose that the Will was made under undue influence/duress by my sister who claims property gifted to her? Thank you for your help.

  148. Akki says:

    My father has made a will which is not registered and property is on my fathers name and now my dad wants to transfer the property into my mother’s name.
    the dispute for the property is that some of my dad side relatives need some part of the property but my dad is not willing to give them. if property is transferred in my mother’s name is there any possibility that my dad side relatives can still claim for property.
    if yes then suggest a solution.

  149. ANANT SHARMA says:

    I want to ask that can a widow sold his dead husband agriculture properties without her name registraed on land.

  150. jenny walia says:

    IN India if a living person gifts the house inherited by him from his father to his son and the son sells it to buy another house does he have to pay registration fee to get the gifted house transfeered to his name before selling it and buying another house in order to avail capital gain benifits in his name..In case registration charges have to be paid by the son for transferring the house to his name before selling it what is the rate at which charges will have to be paid.

  151. atul says:

    dear sir,

    my grand farher made a will and he died long back..is there is a time period for the validity of will or what is the process to get it registered on my father name?

  152. KAMAL says:

    Dear sir/Madam

    My grand mother’s property was illegally made will her son’s wife name and grand daughter (her son’s daughter).but grand ma has four daughters . Now grand ma died recently . Is it claim shares to the rest of daughters ? Please advice me

  153. S kumar says:

    dear sir my father died last 2 year back and the property my father name allotment society flat not free hold by DDA. My mother steel available i am 2 brother 2 sister all are married. We are staying same flat with my brother my mother . but all family member inserted sell this flat. but i am not feel safe my share. bkz all family member forced me provide NOC from my side. I feel my father not any making will any one name , so please tell me how to safe my share. And any will available than i have right my property share

  154. Ceramic Dave says:

    I have invested more than 1/3 money with my father from my pocket to construct our residential home 4 years back. My father gave me a declaration of my investment in Rs.10 stamp duty paper with two witnesses. Now my parents are influenced by my younger brother and due to some family problem, they are trying to throw me out from the resident. I am a salaried person (Private Company) and have two dependents.
    Can I demand legally my share from my father (as he is the owner of the property) as an elder son and against my money which I have invested.

  155. dr s p says:

    can my father gift immoveable property to my wife’s sister as a relative.what are the tax implications for both.

  156. Ron says:

    My father and his unmarried elder brother (my uncle) jointly own a house in varanasi. My uncle has made a will dividing house without my father’s consent, with common shared kitchen, prayer room, and made domestic maid and her family beneficiary. We live in kolkata and visit uncle 1-2 times yearly. Also he suffered prolong mental illness for several years when the maid and her family took care.
    Myself (only son) and father want to challenge this, pls advise.

  157. B. Ashok says:

    Is the property obtained by way of WILL is taxable ? if yes display the details

  158. Your Name... says:

    B. Ashok says:
    March 1, 2014 at 3:04 pm
    Is the property obtained by way of WILL is taxable ? if yes display the details In how much time you will reply ?

  159. abc says:

    if father gave gift residential property to his son in that case then how much stamp duty is required

  160. vikas kesharwani says:

    my mother has 7 sister .and no any brother.all got married.and they r living their home.my muternel grand father made a rasitered will favour of my mother of his self earned and inherited property and also his movable or nonmovable property.all points mentioned in a will.will was made in 2004 and muternel grandfather was died 2007. so pls tell me, is my muternel grand mother can revoke will and she has right to give property his another daughter ,if she does want.pls reply me with helpfull answer.

  161. Abhishek says:

    What happens if my mother in her will mentions his brother as the owner of all her property. Being her son will i have any rights on it?

  162. My mother made an will and died where she made her elder son a lion share beneficiary and an executer. In one place in the will, there is a strike out on three consecutive line(where it is written that “I hereby revoke all will and codicils….. “etc)and the executer signed on the side. My question is that can I appeal to void the total will through this point?

  163. jain says:

    I thought of purchasing a property which i liked most. problem is the real owner (no issues)left WILL to his SISTER who had no issues. but sister without probation the WILL sold to some one with sale deed. they re-sold the property to current person who wants to sell to me. he saying he got registered and got name transferred through REVENUE DEPT in his name and building plan to construct, also paying property tax in his name also water and sewage bill. He is asking advance of 50% and balance after WILL probation by SISTER who is still alive and ready to help him.
    My question IS SHALL I PAY ADVANCE BY BELIEVING HIM? PLEASE ADVICE ME. THANKING YOU.

  164. Kirti says:

    My father name me to inherit his property in his will which was not registered and written in gujarati. I am an NRI and want to repatriate money from the sale of that property but the bank is asking for probated Will. What is my recourse?

  165. My father opened a hotel in 1983 which his father named under him & his other three sons but the property was not divided on papers. Now the property has a stay order on it. Inspite of the stay on it the three brothers of my father sold out their shares to someone(who was a tenant at our place for 10-15 years. He earned money by selling lotteries) without informing my father. As it’s clearly mentioned that no brother is authorize to sell their share without taking signature of all the 4 brothers. They cheated & even the tenant cheated on us. My mother & my father have been taking care of this building since 1983. This building is a commercial as well as our home; we left our grand father’s home due to some dispute & physical & mental harassment faced by my mother in 1993. Since then we are staying here but the monthly has always been taken by my grand father and his other three sons. My parents have never taken any share from it. Inspite of leaving our home & suffering with no income, they (my parents) started their small work. They have been taking care of all the expenses, either it’s electricity, water, maintenance or any kind of expense till now. Please suggest what is the most feasible stap to be taken. We hired 2-3 lawyers who were bugged & bribed by the third party. Our fight is not about the share. We already owe 1/4th of this building. Our fight is to get back all the money & the savings my parents have given for this building. We are dying everyday. There is no one to help us. Please guide.

  166. Sbhat says:

    One of my close relative is an OCI, overseas citizen of India. His father lives in an apartment in a Cooperative Housing Society for last 50 years, where the person (my OCI relative) was born and brought up. Can his father nominates him for holding this flat in this cooperative society so that he could be the future owner of the flat in the cooperative society? If so, please let me know the law (with number etc)for my reference (to quote whenever necessary). Please help and guide.

  167. Sachin says:

    My father left a will on a plain paper which is unregistered but witnessed by two persons. The will is about the property and in favor of me. My mother is alive right now. Now i want to register the will.
    Questions:

    1. How can i register the will?
    2. If I don’t register the will, then is there any legal offence in the court when anyone of my brothers or sisters make application against the will?

  168. M.SINGH says:

    MY UNCLE LEFT A WILL IN MY NAME IN UK THE WILL HAS BEEN PROBATED IN UK TOO THE PROPERTY IS IN INDIA UNCLE,S SIX DAUGHTERS CONTESTING IN INDIAN CIVIL COURT IF THE WITNESSES OF THE WILL DO NOT APPEAR IN THE COURT WHAT WILL THE EFFECT THE THIRD WITNESS WAS PRESENT BUT HAS NOT EXECUTED THE WILL BUT GIVEN THE EVIDENCE IN THE COURT WILL IT SUPPORT MY CASE AND UK NOTARY PUBLIC HAS ALSO GIVEN EVIDENCE WHERE MY CASE STAND PLEASE CALL ME ON 9872950741

  169. sandhya says:

    Father made the will in favour of his wife (my mother). Property got transferred in favour of my mother.We r three sisters and one brother.now my mother is trasnfering the property to only one of my sister.How can we get the share from our fathers property.Please advice.We are not getting anything from our fathers property.

  170. My father in law left a house and property without dividing among his children.My mother in law is also no more. I am a widow of their elder son and one of my brother in law’s wife stays at the ancestral home.She is also a widow. My mother in law left a separate house for them . Still She stays in the ancestral home saying that the other one is small.The rest of us are ready to give her that house also and an equal share of the property but she is not allowing even the partition of the property . She wants everything.I am also a daughter in law of the house and i got nothing.I am a working woman and my co-sister is running the business of my in laws. Her husband was comparatively poorer than his siblings so they got the business also.Like me my other sister in laws and brother in laws also want the share of their father’s property.(it is a big property). what course of action we have to pursue? kindly advise.

    9

  171. A says:

    Please advice on how to write the will in case of a single female. Can I gift the assets to NGO/Charitable Organisation?
    Is there any way that the will can be objected to by any other relatives?

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