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Advocate Kailash Siyag
Verified
4.0 | 2+ user ratings
Gangashahar,
Bikaner
2 years ExperiencePractice Areas
Criminal, Cyber Crime
Cheque Bounce
Wills / Trusts
R.T.I
Courts
- District Court, Bikaner
- Rajasthan High Court
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Questions Answered by Advocate Kailash Siyag
Q: Letter of Administration, Recovery of Sale Amount
my grandfather's elder brother died last year there is no legal heirs of first line.he sold a farm and no money is received from buyer.one of my real uncle who was living with him took thumb impression of my grandfather's elder brother on blank stamp but I also have a will with thumb impression and video proof of that will in which he gave his property to my father and 2 of my uncle & made me executor.what should I do now?should I file a case for succession and recovery of sale amount together?
Advocate Kailash Siyag answered
Since there is a valid Will executed by your grandfather’s elder brother and you are appointed as executor, your first step should be to file a Probate Petition before the competent District Court to get the Will legally validated.If the Will is genuine and properly executed (with thumb impression, attesting witnesses, and supporting video proof), the court may grant probate in your favour as executor. Once probate is granted, you will get legal authority to administer the estate.Regarding the farm sale, you must verify whether a registered sale deed was executed. If the sale deed was registered but consideration was not paid, you can file a civil suit for recovery of sale consideration against the buyer. If fraud or misuse of blank stamp papers is involved, you may also initiate criminal proceedings for cheating and forgery after proper legal examination.Succession certificate is generally required for movable assets like bank accounts, not for immovable property covered under a Will. Therefore, probate and recovery proceedings are separate remedies and should be pursued accordingly.It is advisable to first secure probate and then take action for recovery of the sale amount and challenge any fraudulent document, if necessary.
Frequently Asked Questions about Advocate Kailash Siyag
Can Advocate Kailash Siyag represent me in court?
Yes, Advocate Kailash Siyag can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Kailash Siyag?
When you meet with Advocate Kailash Siyag for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Kailash Siyag?
Before your initial consultation with Advocate Kailash Siyag, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Kailash Siyag?
During your initial consultation with Advocate Kailash Siyag, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Kailash Siyag?
It is important to communicate with Advocate Kailash Siyag regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Kailash Siyag?
The cost of hiring Advocate Kailash Siyag can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.