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*How to get the original documents from my father
25-Apr-2023 (In Family Law)
My father's mother has passed away and had made a will in my fathers name that the property will be in his name. Property was initially purchased by my Grandfather and his will was transferred to my Grandmother and then she passed and her will was for my father. Currently we hold only the COPIES of the documents and the ORIGINALS are with my fathers sister who are occupying the house since quite some time as we are NRIs and my father was not here. I would like to get some insight on what can be done to the below: a) Get the original documents from them b) Get them to leave the house c) Find out the tenant contract for the 2nd floor tenants in the house. d) How are the electricity bills / phone bills being paid? I have these questions & would like if someone can assist me in getting some update to this. Thanks
As mentioned by you that you have photocopy of the documents.
Firstly You will have to check and tell me the document (WILL) is a registered Will or merely been notarised?
If the answer to my question is in Affirmative i.e, the Will is registered, then you can get the certified copy of the same from the Sub-Registrar Office. Once you obtain the certified copy you can file a case on the basis of certified copy against your father's Sister and pray the court to pass a direction against her to handover the original and also direction seeking injunction against her not interfere in the possession of the property.
Secondly an FIR can also be filed for cheating , fraud and misappropriation.
Thirdly if the answer to my question is in negative then you will have to directly file a case on the basis of information and photocopy available with you and as such seek a direction for calling of records and also seek other directions like vacating, injunction etc.
Firstly You will have to check and tell me the document (WILL) is a registered Will or merely been notarised?
If the answer to my question is in Affirmative i.e, the Will is registered, then you can get the certified copy of the same from the Sub-Registrar Office. Once you obtain the certified copy you can file a case on the basis of certified copy against your father's Sister and pray the court to pass a direction against her to handover the original and also direction seeking injunction against her not interfere in the possession of the property.
Secondly an FIR can also be filed for cheating , fraud and misappropriation.
Thirdly if the answer to my question is in negative then you will have to directly file a case on the basis of information and photocopy available with you and as such seek a direction for calling of records and also seek other directions like vacating, injunction etc.
Helpful?
14+
14+
Adv. Shubham Aggarwal
Delhi | 25+ Answers
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If the will is registered you can get the certified copy from the concerned registrar. And you also need to get the probate certificate of the will from the court to transfer the ownership from the deceases. Once that will be done rest of things will be easier for you. You will have to come with all the relevant documents related to your case then only I can advice you properly.
Helpful?
23+
23+
Adv. Brajesh Kumar
Delhi | 100+ Answers
CONTACT NOW
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