Legal Question in Wills and Trusts in India
Hallo sir. My grandfather had made a will. in which he has nominated his two sons for his property. he made the will in 2000 and died in the same year. the will was unknown to both the sons for two years. so now i want to know whether the will is probated or not? whether both of them are required to file a suit for probation or any one can do? and if it is not probated then is it valid? there is a property mentioned in the will which was trnsferred by one son on his name before the will was disclosed according to nomination done by my grandfather himself. so that flat will remain on his name or not?
2 Answers from Attorneys
Property cannot be transfered if will was there.
Every thing is done by bribing the tehsildar.
Secondly you can file case of probate at any time., if will is registered
There is a difference between "Nomination" and "Beneficiary". If the sons are only nominees, the other legal heirs, if any, may also be entitlted to their share.
The will document may have to be perused for proper reply. However, the proposed civil suit may be filed by any one person and other/s may not be required to join as plaintiffs; they may be impleaded as defendant/s.
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