Legal Question in Civil Rights Law in India
My grandfather died at 1985 without writing will ( own earned ). He had nine children ( male-7 female-2 ). My grand mother is still alive. Among that 9, 1-male+2-female wrote viduthalai pathiram ( I don,t know in English - That is they had ditched them self from our family legally ).That document "Viduthalai pathiram" was wrote 4 months after my grand father's death. In that document there is sentence stating that "Because our father does not wrote any will".That document was witnessed by my father's blood brothers. So there are 7 legal heirs including my grand mother. My father was 3rd in the male birth order. He had asked for a property settlement for all before 10 years ( 2002 ) . My father's 2nd elder brother told that after my grand mother's life we will have our settlement. before 1 year ( 2012 ) my grand mother expired. Few days back my father asked for the settlement again. Now my father's 2nd elder brother says that he had my grand father's will and it stats that all my grand father's property will be for him. We had no rights on that property. He had't shown the will to us. As i searched on internet, many of the websites says that " Registration of the will is not compulsory ". My father is saying that my grand father does not died because of ill. He was died because of heart attack. So there is no need to write the will urgently. So up to my fathers knowledge my grand father does't wrote any will. Still our grand fathers house tax bill is in my grand fathers name. EB connection is in my grand fathers name till date. Does my grand father's "mysteries will" will have legal legal rights to my father's 2nd elder brother ? or the "will" will don't have any legal effect after my grand father's death ? If the "will" is not genuine / has been forged, how can i find the truth ? Please give me a detailed solution.
3 Answers from Attorneys
Speak with some lawyer as the information is inadequate for legal advice..................Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
13.02.2013
Dear Sir / Madam,
(Sivakasi, Tamil Nadu)
It is evident that your grandfather and grandmother have left the property "Intestate". Even if one of your uncle claims to have a Will left behind by your grandfather, a Probate has to be obtained by him from the Court as the executor of the Will, in order to transfer the property in his name or the beneficiaries named in the Will. Till such time that actually happens, the matter remains in a limbo & undecided.
A Will to be valid need not be registered.
You will have to persuade your uncle to circulate a copy of the Will that he claims to have in his possession, for the information and knowledge of all the other brothers and sisters (8 persons).
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
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