Legal Question in Wills and Trusts in India
ENTRY OF CHRISTIAN WILL (regd. in sub registrar) LEGATEE in 7/ 12 extracts and property card
Good Day I am a Christian and the beneficiary of my deceased spinster aunts registered will as she was the sole occupant of a ancestral house in Gorai ...and the property card stands in the name of her father and his 2 brothers ..Both deceased with no heirs . My mother (deceased aunts sister) is the only survivor of her generation ...and there are other next of kin.. of her deceased brothers family whose names are in the 7/12 extracts..for the shares of their father . I need to know what documents are required for me to enter my name in the 7/12 extracts in place of my deceased aunt..by registered will. ( The Talathi has said to get a farmers licence ...death certificates ..index 2 of registered will ....which the sub registrar says iindex 2 is not made for a Will and has also said farmers certificate is not required for name entry ). I need to know what documents are required for me to enter my name in the property card of the house for application to the Tahsildar office on the basis of my aunts registered will. as she was the sole occupant. (Following my aunts registered will to me ..The other next of kin have tried means of defaming me because my aunt left the house to me and they did not attend her funeral too..and we are not on good terms ). ( The tahsildars office has asked me to apply by initially making a probate .(later agreed ..not required as we are Christians) an affidavit ....a certified copy of the registered will ..death certificates ...family tree affidavit showing all deceased and alive members and that their names too will come on the property card) I told them ..I'm not bound to make any representation for the next of kin ...as my mother is sole survivor of that generation and next of kin are the next generation and are not included in my Aunts will ...Further my aunt was the sole resident living there and my mother too has given me her registered POA and no objection for my name entry in the property card along with her name ....and that I have been doing maintenance including building a boundary wall ...and am presently in possession of the house and keys . I do not want to enter their names as they are not mentioned in the Will and further it will cause complications in getting the water bill and electric bill transferred in my name ..as I will have to get a no objection statement from them ..which will definitely not be given as they are not in the Will...and My mother ( the senior sole survivor ) is alive. I have suggested that they enter my mothers and my names on the property card beneath my deceased great grandfather's names....and let others apply by proving their rights...as this will be in good order . Please advise the documents required for 7/12 extract name entry .....and documents required for property card name entry basis above . I thank you in anticipation and with kind regards and appreciation
1 Answer from Attorneys
There is no need to made party to others in probate of will suit but the name and addresses of
next of kin are required to mention in the suit to further pursue. contact for any help legalexbox dot com.
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