Advocate Kenny Thakkar

Questions Answered by Advocate Kenny Thakkar

Q: What are the benefits of a registered will

Will should be registered or unregistered, Do we need to compulsorily get probate of both registered and unregistered will, What are the benefits of registered will,

Advocate Kenny Thakkar answered
The possibility of same to be challenged is ruled out. Probate is mandatory in Mumbai irrespective of it being registered or unregistered. therefore it is suggested that will be registered. It becomes difficult to set aside registered Will

Q: If there are two wills then which one will be valid

There are 2 will which will is going to be decided

Advocate Kenny Thakkar answered
it is a settled position in law that the Will which is prepared at last is to be considered as final will. Please check which is the last will and if required please get it probated before the High Court.

Q: Property received by adopted son is his individual property or family

1. A minor aged 8 years was adopted by his grandfather in the year 1937 by way of adoption deed. Whether these adoption deed is valid? 2. The said adopted son has executed a will when he was 83 years old. 3. Question is whether these will is legal and valid? And whether property received by adopted son will be in his individual name or Joint hindu family property?

Advocate Kenny Thakkar answered
Ans 1. The adoption is valid2. The will is required to be probated if properties located in Mumbai 3. We will have to peruse the documents to ascertain whether the properties bequeathed by him are in capacity as copacner or member or in individual capacity.

Q: What to do when will formed do not mention the name of a party

My grandmother created a will but didn't mention my dad name The property belongs to my grandfather but after his death transferred to my grandmother

Advocate Kenny Thakkar answered
1. Your grandmother can remake her will if alive. 2. Otherwise all her legal heirs will have to grant their no objection certificate or execute a release deed so to permit your dad to transfer the properties in his name.

Q: What to do if the cheque got bounced due to insufficient balance

I paid 4500 to a friend in return he gave me a cheque dated 24 February 2018. I showed the cheque 3 times to the bank and it got bounced due to insufficient funds. Am I entitled to send demand draft bcoz the amount is very less and not sure if I can win this

Advocate Kenny Thakkar answered
1. You have to send demand notice through a lawyer within 30 days from the date of dishonor of cheque if he fails to reply the same within 15 days than proceed further and file complaint withing 30 days from the receipt of notice. If the merits of your case are strong you may get the desired outcome with interest.