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Property Dispute

Discuss anything to do with property law - buying, selling property

Property Dispute

Postby Jocelina » Sun Dec 11, 2016 12:06 am

My Father in law died leaving the unregistered will stating My hasband as his lawful successor for his whole property. My Sister in Law do not accept this will. Kindly suggest the way out.

ANSWER: Dear Deepali,

It is not necessary for the Will to be registered. As long as the Will is valid and the deceased person has right to bequeath the property, the beneficiary of the Will can claim his right over the bequeathed property by obtaining the probate of the Will from the court.

Sincerely, Poorvi Chothani, Esq. LawQuest Tel.: +91(0) 22 6615 6555 [email protected] www.lawquestinternational.com Disclaimer:

The information is not a comprehensive consideration of the subjects discussed and is intended to provide general information. Readers should not conclusively rely on the information as legal advice and should seek independent counsel before any action is taken with respect to these or other specific issues. ---------- FOLLOW-UP ----------

Thanks for your valuable reply. Kindly answer one more concern of mine, How to probate the will and proof its validity.
Jocelina
 
Posts: 40
Joined: Sat Apr 05, 2014 10:10 pm

Property Dispute

Postby Winward » Mon Dec 12, 2016 12:37 am

My Father in law died leaving the unregistered will stating My hasband as his lawful successor for his whole property. My Sister in Law do not accept this will. Kindly suggest the way out.

ANSWER: Dear Deepali,

It is not necessary for the Will to be registered. As long as the Will is valid and the deceased person has right to bequeath the property, the beneficiary of the Will can claim his right over the bequeathed property by obtaining the probate of the Will from the court.

Sincerely, Poorvi Chothani, Esq. LawQuest Tel.: +91(0) 22 6615 6555 [email protected] www.lawquestinternational.com Disclaimer:

The information is not a comprehensive consideration of the subjects discussed and is intended to provide general information. Readers should not conclusively rely on the information as legal advice and should seek independent counsel before any action is taken with respect to these or other specific issues. ---------- FOLLOW-UP ----------

Thanks for your valuable reply. Kindly answer one more concern of mine, How to probate the will and proof its validity.
Winward
 
Posts: 36
Joined: Sun Mar 30, 2014 8:56 pm

Property Dispute

Postby Otsoa » Tue Dec 13, 2016 12:02 am

Dear Deepali,

The Executor of the Will has to file a petition in the Court of law to obtain the probate of the Will. The objecting party can file an application challenging the legality of the Will. The court then enquires, hear the parties and then pass an order.

Sincerely, Poorvi Chothani, Esq. LawQuest Tel.: +91(0) 22 6615 6555 [email protected] www.lawquestinternational.com Disclaimer:

The information is not a comprehensive consideration of the subjects discussed and is intended to provide general information. Readers should not conclusively rely on the information as legal advice and should seek independent counsel before any action is taken with respect to these or other specific issues.  
Otsoa
 
Posts: 35
Joined: Wed Mar 12, 2014 9:44 pm


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