Legal Question in Wills and Trusts in India

Hi,

I am Aditya tokas .I wanted to make an Enquiry.that my grandmother had passed away 6 Months before, living her life for 89 years.And she has left a testament/Will after her.However she Had already divided all her property equally to her sons when she was alive.I am her grandson.

My father expired in a road accident.and I claimed to insurance company.We added our grandmother name in the list of " depedents "while filing claims..when we recieved the claims..court made an "Fixed Deposit" FD in the Bank account.account was MACT(opened by court order).My grandmother was so ill.that it was not possible for her to make alot's of up downs in court to withdraw that FD..So we didn't make any action for it.As the FD were opened by court order no nominee was filed on FD at that time...I was in school we were not aware of it.....by default court filed no nominee...

Now she has expired and I have a Testament/will on my name...which was made earlier(when she was living with us).

Now my question to you is that if i will file a case in the court to withdraw that FD using that Testament or will.Will court accept that "WILL".and will give me orders for bank to withdraw that or court will call her all legal heirs in this matter....and will take an NOC from them....B'coz i feel they are not of good morals.They will never give us that money...For them it doesn't matter that which money it is....

So i heartly request u to understand my case and help me in the matter.As i have no advodate around melet me know .what will happen if i will file a case...or what other alternatives i have...

Aditya Tokas


Asked on 9/11/12, 9:34 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as in this matter, will is in dispute, it is advised to go for probate of the will by impleading the other legal heirs as respondent. you need to have an advocate around you as this matter would be resolved with his help.

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Answered on 9/11/12, 8:51 pm
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

i believe since there is no executor mentioned in the will you have to apply for letter of administration to the court... no question of probate here

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Answered on 9/11/12, 10:35 pm


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