Legal Question in Civil Rights Law in India

Hi,

We are not sure whether any will has been made before my grandfather died. Now the property is not at all divided among all the sons/grandsons.Since one of the person is politically very strong, nobody dares to ask for the property and he is enjoying it. Also we fear there are chances of forging if it is left for very long time. Is there anyway we can know whether any will has been made on the property? Can we get the documents copy from the goverenment authorities under RIGHT TO INFORMATION (RTI) act? Thanks.


Asked on 1/29/13, 3:19 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.01.2013

Dear Sir / Madam,

(Bengaluru, Karnataka)

A writ petition will have to be filed before the Chief District Magistrate in the Court by thelleal heirs, who will ask the deemed "executor" in whose custody the property presently is, to produce a copy of the Will in Court. Even if there is a Will, a Probate from the Court is required to transfer the property in the name of the beneficiary(ies) in the Will.

Yes ... you can file an RTI application with the District Registrar's Office to obtain detail of the present owner in whose name the property stands. In my view, it will still be standing in the name of your deceased grandfather.

Forging of documents by the deemed executor will land the executor in even more serious trouble, since all the legal descendants will be summoned to the Court for the Probate.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 1/29/13, 3:38 am


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