Sample Questions – Will, Succession & Probate


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.


  1. 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.


  3. 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. 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.

  5. 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. 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. 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

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

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

  13. 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.
    krishna tiwari

  14. 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.

  15. 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.

  16. 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.

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

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

  19. 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…?

  20. 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.

  21. 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?

  22. 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’


  23. 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 ?



  24. 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.

  25. 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.

  26. 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

  27. 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.

  28. 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.

  29. 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?

  30. 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.

  31. 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.

  32. 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.

  33. 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.

  34. 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

  35. 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.

  36. 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.

  37. 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

  38. 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.

  39. 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.

  40. 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

  41. 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.

  42. 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

  43. 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.

  44. 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.

  45. 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,


    pls advise,
    thanks and best regards

  46. 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.

  47. 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.

  48. 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.

  49. 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.

  50. 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.

  51. 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

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

  53. 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.

  54. 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?

  55. 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.

  56. 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 ?

  57. 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.

  58. 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

  59. 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?

  60. 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.

  61. 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.

  62. 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?

  63. 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.

  64. 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.

  65. 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.

  66. 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.

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

  68. 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.

  69. 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.

  70. ,

    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.


  71. 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.

  72. 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.


  73. 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)

  74. 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.

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

  76. 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

  77. 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

  78. 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.

  79. 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?

  80. 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

  81. 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?

  82. 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….

  83. 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

  84. 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

  85. 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.

  86. 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

  87. 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.

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

  89. 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.


  90. 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



  93. 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?

  94. 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.

  95. 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

  96. 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???

  97. 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.

  98. 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?

  99. 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

  100. 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.

  101. 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

  102. 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,


  103. 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

  104. 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.

  105. 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.

  106. 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

  107. 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.

  108. 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… father is a v simple man hez not behind money but hez feeling humilated n Low… my grandfathers decision there any thing I can do legaly.

  109. 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?

  110. 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.

  111. 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.

  112. 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.

  113. 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 ?

  114. 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,

  115. 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 …

  116. 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.

  117. 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.

  118. 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.

  119. 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 @

  120. 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”


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

  122. 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.

  123. 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
    fyi there is no patta for that land

  124. 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….

  125. 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.

  126. 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.

  127. 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.

  128. 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.

  129. 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.

  130. dear sir,

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

  131. 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

  132. 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

  133. 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.

  134. 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.

  135. 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 ?

  136. my mother has 7 sister .and no any brother.all got married.and they r living their 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.

  137. 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?

  138. 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.

  139. 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?

  140. 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.

  141. 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.

  142. 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.

    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?


  144. 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 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.

  145. 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.


  146. 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?

  147. sir,
    my father has written a will favouring me and my brother, i have three sisters who are married and settled well,now if we want to sell our property on mutual consent of my brother do we require my sister’s signatures are required at the time of registration.

  148. My father died 1993 without any will and we are five of them eligible for his property including my mother. and 1998 other four depends are sailed their share to me, now they are asking their share again. So this is valied requirement.

  149. My sister-in-law (wife’s sister) who is a widow and has no children, is staying with us. She wants to leave the property to my wife. Can she make a will in my wife’s favor? Is it valid?

  150. Sir, kindly suggest me does daughter have a right in ancestor property and if ancestor property belong to rajasthan, Does law is same or not in different state,

  151. My mum died no will when dad died my sister had to show mum death certificate and spelt name wrong left middle name off. This had to be rectified.. she died 12 years ago. Did my dad inherit or not as sister got all

  152. My grandfather (mother related)had a one son and one daughter. He is writing a will favour of son for Loan purpose only but my uncle is changed all property in his name. Now,my grandfather had died and my mother has not signed in no one document any legal action take in my mother.

  153. My husband S.Sankaran died in 1999.He had a plot in Chennai and sold it to a builder.We received some cash and a flat.The flat is to be changed to my name.Since he died in Mumbai,people told me to take a succession certificate in Mumbai.I applied for a succession certificate.It is still in pre-admission state in High-Court.I asked for an NOC from him to change the iawyer.He is not giving me an NOC.Can I go without a succssion certificate.Kindly enlighten me.
    Uma Sankaran.

  154. Dear sir,
    My father died recently and he wrote a registered( with sub registrar) will in favor of my mother. We are two brother and sister and both are married. Is there any requirement for probate of will.

    Amit Khandelwal

  155. Dear Sir,

    I would like to get the advice /suggestion from you on following mention quarries for a legal heirs of my sister property in Mumbai

    1)My sister is having before marriage MAHDA flat in her maiden name at Mumbai
    2) My sister married in 1989 with my brother in law’s second marriage
    3)My sister died in Dec.’13 with out making a will, and my brother in law died in 2011
    4) My sister do not have her own child, but have step children
    5) is step children have rights in property?
    6) we one brother and two sisters are have rights in her property?
    7) please suggest how we can go ahead?
    8) what is time limit for claiming of rights?

    Awaiting for your early reply.

    Thanks & Regards,


  156. My Parents to make combine will for me, my unmarried sister, my son & my wife. But not to allocate anything to my elder sister, (she was already married) & at present no any relation with us since last six to seven years. So is it possible to make single (Combine) will ?? Half property is on my Father name & some on my mother name.
    & I want to know that is it necessary to show everything details (like FD, LIC, House Papers, Bank Account number, Papers of Land, Shares Details, etc…in will ???

    Please guide us….

  157. Dear Sir,
    My Mother has written a will in respect of a plot of land on a Rs 100 stamp paper in a proper format and it is duly signed by her and also attested by two persons. I just want to know that is this is compulsory to register the will. If yes,then what is the procedure and what is the charges.
    2nd question : if a person holds a proper will, can his other family members objects on the same will in the court after the death of the testaner(present owner)

  158. my uncle died intestate. Since i am working in defence and staying away from our joint family, my elder brother was handling his property iuncle’s old age . Now brother has transfered all the uncle’s bank deposit to his a/c being nominee. How can i know about such transactions and claim my share as legal heir?

  159. my grandfather105 years 100 knal land die. my father & My uncle are son of my real grandmother two uncle & four aunts are from my step grandmother.
    my grand father made will in which my father has givern 10 knal. my real uncle also given 10 knal. and other two uncle given 15-15 knal. & rest of land given to my step uncle’s sons 25-25 knal. my father born 1945.& father of grandfather died 1951. can we challenge the will in court.

  160. my husband parents expired 11 years ago, at that time he is minor he has one sister she is major. when their parents died after one year she got married. my husband living in his sister’s house from five years ago.they have some property on their mother name. but she died without leaving any will. now she asking half of the property.but her husband central govt.employee and they well settled, and they took all the gold of my mother-in-law aftre her death. my husband degree holder did small jobs but now no job. what we will do. pls answer.thank u.

  161. my husband parents expired 11 years ago, at that time he is minor he has one sister she is major. when their parents died after one year she got married. my husband living in his sister’s house from five years ago.they have some property on their mother name. but she died without leaving any will. now she asking half of the property.but her husband central govt.employee and they well settled, and they took all the gold of my mother-in-law aftre her death. my husband degree holder did small jobs but now no job. what we will do. our community christian.pls answer.thank u.

  162. sir, my mother has flat in her name which is earn by my mother(Govt Teacher) with her money. Now, my father,s family is going to divide the property which is held in village. Will this flat come under the dispute. Sir, it is my humble requested to you that show me way to come out this problem. its an urgent request to u.

  163. Dear Sir,
    my brother purchase a flat with me and my sister in law name thant means we have 33.33% Share each person and loan was taken in the name of me and my brother name but i had given cash amount to my brother for lan EMI and EMI amount deduct from my brother account,my brother wqant to remove my name from the property without given to me any money and i have stay in rental flat and my brother saty in that flat

    Please advice what should i do and he can remove my name without my sing.

    Many thanks in advance for your support

  164. Reference DCS 2007 : My father a GPA holder of society flat in delhi expired with NO will and leave behind FOUR heirs. However mutation from mcd has been obtained in my favour after obtaining NOC from other heirs. Kindly advise how get this flat lease hold to free hold and document required for the same in father death.

  165. I am a female unmarried. I wish to bequeath my properties to any person I wish. These are acquired by me out of my own income. I did not inherit any property from my parents. i am grateful for their all help to get me educated and stand independently. Do I have to bequeath compulsorily to my sisters, brothers and so on or to any person(s)I wish? Could you please quote the sections and the Act applicable in my case?

  166. i have two brothers and one unmarried sister. my grandfather and grandmother had written unregistered will in favour of me. i nominated myself in municipal corporation. now, my brother and sister claim their share in court.
    is my brother and sister are entitled for property share or not?

  167. my father was employee in Incometax department .My father has purchased a flat in ANDHERI(E) which was 1BHK in society (self acquired property).i got married and staying in pune. my father died intestate( without will) in 1996 my brother is living with my mother ( widow) . after the death of my father as per nomination in society the shares are transferred to my mother . now in year 2005 the society undergone redevelopment and my mother got 2BHK ( 800 sq. feet ) flat . the cost of present property is nearly 200 lakhs .now as per tradition in utterpradesh my mother want to transfer all property i.e. redeveloped flat of 800 sq. feet to my brother only by making legal will and nomination in society.
    MY questions are:-1) can i claim my 1/3 share in said flat as per Hindu Succession Amendment Act, 2005 or Hindu Succession Amendment Act( maharashtra 1994)
    2) can my mother give her full 1/3 share to my brother only by will as i am also her daughter and she got her share from my father
    3) what steps i should take to protect at least 1/3 share in said property as my relations with my brother are already spoiled by property dispute as my mother made forced will in my brother’s favour ( giving all her share to my brother only).
    4) in case of death of my widow mother what steps i should take regarding communication to society ( as my name is not there in nomination form) and stopping sell of said property to 3rd party by my brother keeping me in dark.
    5) can my brother legally rent out that property in present and after death of my mother without giving any share in rent received to me?
    6) i need phone no./ email/ addresses of good lawyers in andheri( E) who can pursue this legal matter
    thank you in advance

  168. My wife’s parents jointly owned a flat in Ghaziabad. Before his death, my father-in-law made a WILL on Rs. 100.00 stamp paper giving the flat to my brother-in-law, a US citizen. The Will was not registered. My brother-in-law has sent a notice to my wife through his lawyer demanding that she signs all the documents in his favour so that he can probate the property (for selling). He has also made false allegations about family ornaments which were not there at the first place. What should we do? Can any lawyer send a legal notice without court’s approval? What is the standing of an unregistered will at the court of law in India

  169. My wife’s parents jointly owned a flat in Ghaziabad. Before his death, my father-in-law made a WILL on Rs. 100.00 stamp paper giving the flat to my brother-in-law, a US citizen. The Will was not registered. My brother-in-law has sent a notice to my wife through his lawyer demanding that she signs all the documents in his favour so that he can probate the property (for selling). He has also made false allegations about family ornaments which were not there at the first place. What should we do? Can any lawyer send a legal notice without court’s approval? What is the standing of an unregistered will at the court of law in India

  170. my grand mother had four sons however she has will a inherited property which she found after death of my grand father and which was not self aquired by him in favour of two sons only
    Can she do so and can will be challanged?

  171. my grand mother had four sons however she has will a inherited property which she found after death of my grand father and which was not self aquired by him in favour of two sons only
    Can she do so and can will be challanged?

  172. my father left a registered will 15 years ago, is it required to the probate of the will now, the property already transferred to my name in municipal records 10 years ago, I am a divorcee and does my daughter has any right in this property
    please reply
    with regards

  173. My father in Law made a will in his sons name omitting his wife and other children,s name.The land was granted under Karnataka land Reform act.And accordingly it is a joint family property.Please inform me when the land is under KLR act,the will can be made only one sons name.

  174. Hi,
    My father prepared a Will and got it registered at the Sub-Registrar’s office. He died two years ago. He is survived by my mother, my married sister and me. Neither of us are interested to probate the will and a normal succession as per Hindu Succession Act is fine by us. Now, can we ignore the Will when it is already registered? Kindly advise.

  175. if parents make will in the name of son/sons excluding daughter.then daughters cannot get share in their fathers property as per hindu succession act 2005.The wills act as an instrument to exclude the daughters from their rights.please mail me the comment ASAP.

  176. Hi Pinak, in my case, nobody is excluded. The will mentions all legal heirs, and nobody else. But we want to change the allocation of property. So, we want to ignore the will. Is it okay? Can we safely assume there will not be any legal complications if we choose to ignore the Will?

  177. Sir:
    While thanking your noble service, I have seeking an advice on the following :

    1. What is the time frame to probate a will in Karnataka?
    2. Can my father write a will to a property that was in name as an absolute owner. It was Thea property my father bought in my name when I was young in first year college, however I contributed monies when I started working towards family. My father passed away in 1996 but now my brother has produced a document stating that as a will on my property giving it sister. He produced this document in 2011 after he learnt I am not gifting him my property. At his request I built house and he managed construction but refused to take any payment stating I am his brother. Now our relationship is hostile and I am outside India. He had enjoyed full income of the family property income including rental income from my constructed home. Now he is demanding that my acquired property is part of my inheritance which was paid by father and I am not entitled inherited property which has sentimental value for me. It should noted that he is wealthy owns many properties Bangalore and he wants to get all family property by himself. Is there a way to demand partition without parting any interest on my property in my absolute name acquired for me my father.

  178. Hi
    Can I sell my Flat to my daughter and if so what could be the minimum amount . In turn she will take a home loan against the said from Bank for getting IT benefits.

  179. Hi

    My grand Grand father purchased 2/3 of the undivided land from 2 sisters out of 3 sisters 50 years ago, 1/3 was with another sister she has did not sell, did not write a will and she died. Now his son is using the 1/3 rd of the land, but he has one sister. He dont have any document, legal hire certificate, but his name in RSR. Is his ownership is valid and legal?. Can I purchase the 1/3 ?

  180. Dear sir,
    My parents expired in the year 2009, without making any will for the flat in mumbai, but nomination form was filled in the name of my younger brother, and subsequently society transferred the flat in his name,in share certificate.

    now can he sell, or lease flat without my consent, do i have legal claim on that flat will the society ask to take my NOC from him in case if he wants to sell the flat.

    is so can i write a letter to the society, not to allow him to sell, or lease flat without my consent.

    Please Advice.

  181. Dear sir,
    My parents expired in the year 2009, without making any will for the flat in mumbai, but nomination form was filled in the name of my younger brother, and subsequently society transferred the flat in his name,in share certificate.

    now can he sell, or lease flat without my consent, do i have legal claim on that flat will the society ask to take my NOC from him in case if he wants to sell the flat.

    Please Advice.

  182. I live in the US. My father passed away in 2005. We are two sisters. My sister who is 12 years older than me and my mother still live in India. My father named my sister the executor of the will. All the money was supposed to be divided between the two of us. My sister has never shown me the will. However, I happened to find a copy when I visited my mother. My sister has taken total control of all the accounts and I feel she is using all the money for her personal trips and expenses. My questions are
    1) Can I get a copy of the will for my records?
    2) How do I ensure that she is not lying to me about the accounts? Can I force an audit of all the accounts? What are my options if I find fraud?

  183. My grandfather is expired. He had 4 children..2 daughters and 2 sons..he had transferred the immovable property to the daughters only with the consent of one son and ignoring the other. Is it legal..?? Is it a fraud to the son whose consent has not taken?? Kindly advice..

  184. we are two sisters and one brother. my father died leaving a will stating all his possession and the flat, which is in his name, to be transferred to me only excluding my sister and my brother. the will is not registered. he has also made the nomination of the flat declaring only my name as the nominee.
    what are the legal requirements to be fulfilled to get the clear title of the flat in my name as per the will and the nomination
    please advice

  185. My father and mother both passed away and left a property, and on property papers the name of my mother and brother is written but its not stamped by Notary or any court. Are we only legal heirs or the other brothers and sisters are equally share holders in a property?

  186. Sir, my mother bought a plot from a developer in 1983. This property was never registered. She died intestate in 1995. We were three brothers, one died in 2001. We had other properties as well, which were divided between the two elder brothers, saying that this unregistered property belongs to me. Now they are demanding equal share in this property. Please suggest. The developers wants me to get signatures from other heirs to get the same registered in my name. WHAT ARE THE RIGHTS OF HEIRS IN UNREGISTERED PROPERTY?


  187. ours is a small family. we have only one daughter(minor as on today). my wife works and has some assets in her name. i have some assets in my name.
    Do we have to make WILL? If yes whether both of us have to make the WILL? or because we have only one daughter it is not required to make WILL. Please suggest.

  188. Dear Sir,
    My father in law died recently leaving a will.He had five children .One of his daughters had expired during his life time leaving two sons who become legal heirs as their father is also not alive.He had a bungalow in a posh locality.During his life time he had gifted the construction rights for the third floor to his eldest daughter.The plan was approved in his name and in the gift deed it was clearly indicated this forms a part of the gift deed and expense was incurred by the do-nee.She constructed the floor while her father was alive who died 3 years after construction.At the repeated insistence of donor in the gift deed it was written ‘The rights for the terrace of third floor will remain with the donor’.There was no other rider in the gift deed .Further while transferring the rights of ground floor earlier to his middle daughter ,he had retained the rights for the front lawn,rear courtyard and servant quarter in the rear courtyard with him.There are certain citations in the will which appear to . violate the rights acquired by the eldest daughter through gift deed.She wants to lodge a protest on these issues and has drafted a letter to executor which is appended below.She also wants to say;
    1 No MOU has been signed by the heirs so far.
    2.Is it necessary to obtain probate and if yes who can apply and what will be the stamp duty,if any.Is there a time limitation.
    3.Since as on date no regulations were in place how can the testator pass on construction rights which he never had as per law and till such time it’s permitted by law do the beneficiaries have the right to prevent others from using the roof and also do any construction particularly when the lift room and other facilities are on the terrace. Gift deed also says that’In case of construction the common facilities present on the terrace will be shifted to the top terrace by the Donee who construct the third floor from her own expenses and allow the occupant of the entire building to use the common facilities provided on top terrace’.

    On going through the TESTAMENT left by Sh ….. before his demise, I find that certain clauses in the document are clearly violation of the rights acquired by me through GIFT DEED Dated 09.12.2010 which precedes the date of last WILL.I file my objections to these clauses and would like these to be listed as INAPPLICABLE CLAUSES in the document filed in the court for obtention of PROBATE. or MOU to be signed by all the heirs ,if agreed upon.

    1.Clause A(IV) of the testament says :’The roof rights over the
    third floor ,shall devolve on and be inherited by my grandsons …….., and ……..(both sons of my daughter late ………a) absolutely to the entire exclusion of my other heirs.’

    My GIFT Deed says ‘That in the event of the building being damaged or not remaining in existence
    ON ANY ACCOUNT WHATSOEVER then the Donee shall have the PROPORTIONATE RIGHT in the land beneath the same as per existing structure at the TIME OF THIS GIFT DEED along with other owners of the building and shall have the RIGHT TO RAISE THE CONSTRUCTION IN PROPORTION TO THE SHARE CONVEYED AND BEING TRANSFERRED UNDER THIS GIFT DEED.’ Para 11,page 6)

    2.The transfer of rights of common areas like rear courtyard,front lawn to …….. and …….. as per para(V) of the testament ,permitting the parking of vehicle to all floors except 3rd floor (para VI of testament),terming the land used for erection of elevator as ‘land provided by sons of late daughter (para vii of testament)’ is ultraviolet of my RIGHTS AS MY DEED PRECEDES AND CONVEYS CLEAR TITLE TO ME.The status as on the date of signing this my deed will prevail and and any changes made by the testator are illegal as the testator did not have any right to make these changes.This fact has also been brought out in the last will which confirms that these areas were common.

    3.Since no Government regulations are in place as on day permitting construction on the fourth floor,then how could the testator transfer a right which he did not possess.However ,in future if Government brings forward an amendment permitting construction on the fourth floor,I will have the liberty to protect my rights.

    4.Please ensure that my rights are protected and a fair deal is given to me.

  189. I have to transfer property in my name. I do not have any remaining family. My brother died a few years back due to a heart attack. My mother was also ailing from other chronic problems and died a few months later. Recently I lost my father also due to the heart problem. I live in the US. What is the procedure to transfer property and assets in my name since I am their only living survivor/ daughter? I have no other siblings. I have a flat in India that is in my mother’s name with a will( unregistered) to my father upon her death. He willed it in my name (registered) but I wish to transfer it in my name.What is the procedure?

  190. Respected sir
    Am looking forward for ur king grandfather who is alive gives half of his property to his son along with power of attorney. But now one of my father’s married sister is asking for her share in property my father we really have to give share to her? And my grandfather also is in support to her daughter..

  191. I wish to make a will ,leaving my all assets to my wife ,with arider that she cannot disposed off any imovable property .I wish to ,also, indicate how the properties are to be distributed between my two childern ,after the death of my wife. Is this kind of will valid in the eys of law?

  192. my husband have two brothers including him.we have a house of g+1. we agreed to take first floor with the mutual understanding where as my brother in law is taking ground floor now we want to extend the house in the first floor, as we have some open space in the front we thought of constructing it and renting it out. but for that we need pillar construction. so, how the cost will be divided as he is not ready to pay any thing extra for the ground floor

  193. My uncle (mother’s brother) and aunty has been died since 18years back without leaving any will. My father and mother are now taking care of their children (one brother and 3 sisters (now married) in the same house. We are residing at ground floor. The people residing at first and second floor are also uncles (cousin brothers of my mother).
    Now do we implidely have a title on our ground floor since my mother is the daughter of this house and we are taking care of this since 18years??
    Can any other claim his title on this floor?

  194. My uncle (mother’s brother) and aunty has been died since 18years back without leaving any will. My father and mother are now taking care of their children (one brother and 3 sisters (now married) in the same house. We are residing at ground floor. The people residing at first and second floor are also uncles (cousin brothers of my mother).
    Now do we implidely have a title on our ground floor since my mother is the daughter of this house and we are taking care of this since 18years?? Or even the son of my uncle?
    Can any other uncle claim his title on this floor?

  195. I am married since last 4 months. We married normally without registration Now my wife & me both want to be separate but since we are nonregistered marriage if there is any chance in future that my wife want a share in my fathers property I have no income so it is necessary to obtain mutual divorce from court is there any danger for me & my family from my spouse family in future?

  196. one flat was jointly purchased in my wife and my name. wife having issue has expired by an accident. now i want to sell the flat. whether there is any legal i can sell the flat. please advice

  197. one flat was purchased jointly in the name of wife and my name. unfortunately my wife expired without any issue by an accident. now i want to sell the flat. please advice, how can i sell it or is there any legal complication to sell the flat please suggest

  198. My father purchased 50 acres of land in the year 1965, in the name of My father Mr. X along with 3 major sons MR.A, Mr.B and Mr. C. This property was received by Raghavan Thampuran as Grant from Raja Of Travancore,Kerala and from there to my father and 3 major brothers.In the documents shares of each 4 persons not mentioned. My father has no other property other than this 50 acres. Besides at the time of buying this property in 1965 he has wife and other 2 minor sons and 5 minor sisters was living. As on today my mother , eldest son MR A and MR C and one sister is no more. All the persons have decendents.Now the division of the above property is disputed.Now the minor 7 children (Minors as on 1965) wanted to file a claim petition. What is the share each persons eligible to ge tin this situation?

  199. Sir My father is a Christian had six children, all married. One son died intestate in the year 2001 leaving a widow but no child or children. My father claimed one half share in the property left behind by my deceased brother and filed a suit . My father made a will in the year 2003 bequeathing his property including his one half share in the property of his deceased son to his children. The half share in his deceased son’s property has been bequeathed to me under the Will.My father died in the year 2005 and the case filed by him is being followed up by me in the district court. Can now my sister in law ( ie the widow of my deceased brother ) who has no child can challenge the Will? Awaiting an early reply please


  200. Sir,

    one person having 2 sisters. their father is expired 2 years back. now the properties are in the name their father.The person is not distributing father property to his sisters .what action will take against this .
    we are in Muslims family

  201. Sir,

    My grandfather purchased a plot of land in Bihar in 1953 through a registered sale deed in the name of “ABC Technical Institute Society” himself as the secretary. However, he could not form the society nor could he get the same registered under Society Act. Who is the legal owner of this plot of land? He passed away in 1977. Pls help me understand the law applicable to this case.

  202. Dear sir

    My Fore fathers Hindu community Maharashtra, Nagpur district (mama ke father ke father)(wadloparjit estate/property) immovable property,.
    The case is Before 1956 Mr. A expired (Head of the family), had two wife’s (W1 and W2) first W1 not having any child and second wife W2 have four Childs (Boys B1 (expired) and B2 (expired), Girl G1 and G2( expired))
    As per the records (first wife W1) W1 make gift deed on the name of only (B1 and B2). Just written on record book but not having any gift deed copy and attached in records books, Just noted on register book entries, process done as per unregistered gift deed.
    As per the tahsil/taluka place records at 1956 by unregistered gift deed (not having copy at tehsil/taluka place) all property by unregistered gift deed transfer to only B1 and B2.
    As per the some native and village people says on unregistered gift deed at 1956 (land had distributed to B1 and B2) but having all four child names on unregistered gift deed (B1, B2, G1, G2) done by first wife W1 properly.
    G1(70 year age) , and G2(expired) G2’s son wanted to claim on property. As per law shall we file the suit individual or combined and chances to win and approximately duration? (Just collected all record and entries 7/12 & distribution ferfar from 1950, except unregistered gift deed copy))
    Unregistered gift deed copy having with B1 son but not ready to show/disclosed and saying all relatives it’s was registered gift deed and written on name only B1.
    Need your support and expert comments.

  203. Hi,

    My paternal grand parents passed away without making a will. My father had a unmarried elder brother who passed away one year post my father’s death and he has a married younger sister. So there is me , my widow mother and my paternal aunt who are rightful heirs left if I am legally correct. Can you please tell me who is entitled to what percentage of the property legally? I am the only daughter of my parents and I am married.
    Please help, as my aunt says she can claim 50% of the entire property.We are in trouble.I will be waiting for a reply please help.

  204. Sir ,
    In 1985 18 year old young girl was donated property to my cousin father. now a days her children put civil suit on him.1985 they are telling she is not a major. Sir I want to know 1985 in what age lady can donated a property to a person. Sir pls help me what should I do for cousin father he was very upset . Show us way.we are waiting reply as soon as posible sir.

  205. I have 3 sisters and my parents have expired without a will, now before dividing the flat amongst 4 of us, can I claim the expenses from my sisters for the maintenance of the flat, and the Hospitalisation bill of my parents before their death? Please advise.

  206. My grand father made a will as he was afraid that his eldest daughter (being politician) will occupy all the properties and land in the absence of him or after he dies. My father requested for probate before 12 years and my grandfather died before 12 years. Court is still not giving any judgement and this is just keep on going with muddat.

    what can be the solution for this? One of the witness is alive who signed on will.

    If he is not able to come, can the will be approved without him? (Assuming he is dead OR not attending court)

    Just to share the will is registered and notary as well.

    Your suggestion and feedback will be highly appreciated.

    Thanks. Chirag

  207. I live in the US. My father passed away in 2005. My sister is the executioner of the will. I received in the mail “Petition for probate for the Last Will and Testament”. It was filed in the high court of Mumbai. It stated that “If I claim to have any interest in the estate, I am cited to come and see the proceedings before the grant of probate”. What does this mean? I cannot go back right now. Can I ask for a delay? How would I do so?


  208. My father purchased a house but due to income tax he showed in paper that my grandfather purchased it but after some years my grandfather died after which as per the rule it was passed to my grandmother but due to her affection towards other sbilings of my father my mother suggested to again make the will in which it is mentioned that “after my grandmother death it will passed on to my wife( my mother)and if I( my grandmother)WANT TO MAKE A WILL AGAIN I CAN CHANGE IT”. Now my father was expired 1 year ago and now my mother and i m in tension that if she change a will and distribute in 4 parts in his son and 2 daughter than how can we prove that whole property is belong to us because my farher purchased it. Please help and reply.

  209. sir,
    my grand mammy married before 50years, She had 7 brothers all are now expired only my grand mammy is alive, she had 5 achares of Agreeculture land but no where name of my grand mammy is recorded, now the bothers sons are soled the the above 5 achre land to thired party no share is givn to my grandmammy, can my grandmammy competent to file suit to set aside the sale deed now the sale deed is taken place 20/11/2014.

  210. Sir….my husband sell the flat without informing his wife and children….i am nominee of that flat my husband sold the flat without original documents….which is with me….police also avoiding the matter…is their any solution…

  211. I have ancestral recorded land through two consecutive settlement from my father’s grandfather, later some land bought by my grandfather .now these recorded in my father’s father’s grandfather’s are two brothers whose land is separately recorded that time.but now my father’s grandfather’s brother’s down three generation son claim that land falsely making three ancestral brother.please give satisfactory answer.

  212. Dear Sir / Madam,

    One Flat is registered with my Mother & my Name and we have taken Bank Loan where 01st Applicant is my mother and 02nd Applicant is myself. So as per Bank instruction flat got registered with my mother & my name. And Bank EMI is being paid by me. So, I wanted to know that if my mother will expire then who will be the owner of the property.

    I have one elder brother so can my brother claim for share on this flat or by default myself will be owner of the property.

    Do we need to take any WILL from my mother or not.

    Kindly guide.

  213. is it possible that i can register will in front of notary instead of sub register does it has any value please guide me

  214. Dear sir,

    I got married in 1998 March and I have two daughters. My wife expired in the month of march 2013. She had ancestral property, now two of her sisters are not at all talking anything about the property or me and my daughters share. Do we get anything, if yes how to proceed legally. Both my in laws expired a decade plus back. My wife has one elder sister and one Younger sister.

    Please do advice me how and what to do?

  215. Sir,

    My wife has only on elder sister. Both her parents died and there is no will. There are couple of properties and a bank SB account and a Post office account. The elder sister and her husband had some misunderstanding with the parents and they have not been on speaking terms for some years. Since the property has to be settled amongst the sisters I approached my co-brother and initially there was no response and I met him at his place (he stays in Indore and I in Chennai) he stated that his wife and he are not interested in any of the property or the money and that they will sign any document and let the sister (my wife) take both the properties and money. But When I sent him the documents (as given by the bank and post office – duly made in stamp paper) they refused to sign. When I spoke to him again he insisted that they are not interested in the property but also will not sign any document. Since we do not want the property and the money to go waste please suggest how to go about this. We are OK even if they want the entire share but they are not cooperating. Even if the property and money has to be given to charity both the legal heirs have to sign. Since my co-brother and his wife are not cooperating please advise how to solve this.

  216. my uncle file a suit for probate of my grandfather will in karkardooma court, will date 10/06/2010, my father contest this will. my main ground my grandfather did not know english language. my grandfather one more will 18/07/2005 this will content same as 2010 will. both will are the first will. is it possible , content same and difference one thing 2005 mention favour ground and first floor with roof to manoj kumar and 2010 will mention favour ground and first floor without roof to manoj kumar and other all content same. i want supreme court judgement there mention that in last will first will revoke mendatory. because both will are the first will. both will are the registered. 2005 will registered in pitampura sr- vi and 2010 will registered in nandnagri registrar office sr- iv. please give me judgment supreme court of india in two will case , second will mention earlier will revoke mandatory. this judgement is available because adj reetesh singh ex judge say one conversant , that this judgement give by supreme court of india, but i have no information about this judgement please help me every type.

  217. Sir,

    My name is Rama Diwakar Pawar. My mother died 3 years back and she has fixed deposit in Karnataka Bank and she has given as a nominee to my brother who is in Australia. But we are 5 children and my mother has deposited some money in 2 to 3 banks, but there is no nominees. Now my question is after receiving the succession certificate and judgement copy from court for which all the children should be divided equally from banks i.e., 1/5th share and the same has been mentioned in the judgement copy and succession certificate and the claim authority has been given to one person who is elder to our family. Is it possible that the claim authority can claim the amount which has been nominated to one of the successors ? Please reply.

  218. free legal answer on I have joint property with my wife and long time back wife expired and i have 1 adopted son and adopted i want to sell this property in india.
    can i sell this property without noc of my adopted daughter and adopted son

  219. free legal answer on I have joint property with my wife and long time back wife expired and i have 1 adopted son and adopted i want to sell this property in india.
    can i sell this property without noc of my adopted daughter and adopted son

  220. hi sir i have equation i am single man i not married i have 1 sister and 1 brother both are got married i have some property brought with my money not get from my parents or any one so if i want give this all property to my sister children after my death and i have made neutralized will in favor of my sisters children and i don’t ant give any to my brother and his family,so after my death if my brother come up with any disputation they will get any support from the court against i issued a will favor of my sisters children please advise me

  221. hi sir i have question i am single man i not married i have 1 sister and 1 brother both are got married i have some property brought with my money not get from my parents or any one so if i want give this all property to my sister children after my death and i have made neutralized will in favor of my sisters children and i don’t want give any to my brother and his family,so after my death if my brother come up with any disputation does they get any support from the court against i issued a will favor of my sisters children please advise me

  222. Dear sir, I have purchased the site in the year 1997, through a regd GPA holder, and as on date the EC in the sub registrar office is in my name and i am paying the property tax to the authorities.

    The GPA is executed and registered in the year 1995 by the owners of the property authorising the GPA holder to develop the land and make sites and to sell the same to any one.
    The person executed the GPA died in the year 1998, and as on date the daughter of the person is claiming the property stating that her father has made, registered the will in her favour and thus she is the owner of the entire land and all sites purchased by the people over 18 years back is illegal, and through some antisocial elements they have started threatening the the people who purchased the sites when they go to construct the house now.
    pl advise the actual legal position on the ownership issue.

  223. The will is made and regd in the year 1993 by the owner in favour of daughter and later the owner made the GPA and regd the same in 1995 The person died in 1998- which document would prevail in the eyes of law for the transactions afected based on the GPA.

    pl clarify and help

  224. Hello,

    If Mr. A died intestate (self acquired property in Mumbai/not ancestral) in 2008 and after that his elder son Mr. B change all the document (i.e. Ration Card, Electricity Bill etc.) in his name, based on Mr. A’s wife Mrs. C’s name was not incorporated in those documents.
    AND Mr. A was a government servant and on his place Mr. D (yonger son) got the job on the basis of NOC given by Mr. B and Mrs. C.
    But now in 2015 Mrs. C desires to transfer the right of the property solely, in Mr. B’s name (elder son) alone due to (yonger son) Mr. D got the job, so Mr. B should get the property.

    Whether Mrs. C is having right to transfer the whole property right in her elder son’s name (Mr. B) ??
    Whether later on Mr. D can claim his right / share in that property as per hindu succession Act???
    What documents Mrs. C needs to prepare for validating this transfter???

    Kindly reply

  225. Whether the sole and only residential property belongs to the wife can be attached/ executed in lieu of the ex parte decree passed against the husband, who is dead? Please provide any legal position or case laws.

  226. Whether the sole and only residential property belongs to the husband who has issued a will in his son’s name and expired. Later on his wife issue a will for the property of her husband saying my house to her nephew & expired. Her nephew got mutation of property giving affidavit that his aunty has no son whereas he has son and will of his father making successor to his son only and not to his wife then what to do ?

  227. My mother bought a land few years back, and she tranferred ownership to her sister for loan purpose and thy build a house and living in that. My mother is alive and i didnt sign when she transferred the owenrship i was major by then. Now do i hvae rights to get back my mother’s land from them

  228. Hello sir
    Suppose a father dies n in his will he writes that his house will be inherited by his 3 children,and the 3 children decide to sell the place because they live in separate houses. But after the 3 siblings have signed the MoU,one starts blackmailing the other 2 that they have to give him money from their own share. Now due to this dispute buyer can take legal action? Also,if now the blackmailed children (2 siblings) dont want to be part of this legal rigmarole,is there any way out?? Because these 2 are happy with the sale price of the house and they are not greedy like the 3rd sibling.
    Thanks in anticipation

  229. My aunt recently suffered a massive stroke, it is not sure whether she will survive or not.She has one daughter only left who is disabled (Not able to hear in both years).My aunt is having all the financial docs in her single name , she is not able to sign now , completely bedridden .If she dies how her daughter will get the money , when her name is not included in none of the bank/postoffice documents.She is unmarried and in her 40s.Please advise what to do.

  230. My Uncle made a will in the name of mygrandmother stating that she gifted all the property to him. Now when my dad is dead i had filed a court case on my uncle son’s.As all the property is transferred on his name. Is this will valid.

    Plz help

  231. i had house in my name given by my grandfather. i had proper registry in my name. now i sold my house to someone for higher studies. now after 2 year buyer came to me and said to me that the hiuse you sold to me has some dispute relating to your grandfather. in my registry it is clearly mentioned that any claims or dispute fund regarding house had paid by my grandfather from his funds. what can i do in this situation?

  232. My wife got money by selling her property, and she wants to buy her sons house purchased by him fully.Now my son want to sell the house, Can her mother buy that house with her money ?
    please guide her properly

  233. my adopted father & mother both died leave a registered testament will in that they disoven to me in all property . At the time of registered adoption i am adult & they writing to anouce me all property owner & succeser what is my legal position advice

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