Legal Question in Civil Litigation in India

My father died before my grand father. My grandfather had property which he got from his father (my great grand father). In his will, my grandfather nominated my kaka (uncle) as executor of the will which makes no specific mention as to who the property should go to. I have received a notice of 135D from the city survey office which states as to whether I have any objection to the said property being transferred to my kaka as executor of the will. It is my belief that all legal heirs of my grandfather should get their names entered on the property card in the respective share of their relevant rights. Not just my kaka as executor. Please advise


Asked on 4/22/13, 10:11 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.04.2013

Dear Sir / Madam,

You should examine the Will by asking your kaka to show you the original Will to check who is the beneficiary named therein. Your kaka is trying to get a Probate from the Court on the Will and you and all the other legal heirs can challenge the Will in Court.

Regards,

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Answered on 4/23/13, 2:59 am
Jayesh Desai Jayesh Desai

If your kaka (uncle) is getting his name entered as 'executor' then there is no issue - as long as all the legal heirs mentioned in the Will (subject to Will being genuine) are going to get their respective share.

It is correct that - if all are agreeable - then without entering executors name straightaway the name of all the legal heirs should be entered into - showing their respective share.

Try and talk to your kaka - if matter an be resolved amicably - one need not move court, it is after all a family matter.

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Answered on 5/03/13, 4:08 am


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