Advocate Rajesh Sharma

Questions Answered by Advocate Rajesh Sharma

Q: How to consider my father's house property into my assets in Bank

'How to consider my father's house property into my assets in Bank for Home Loan applicability ? As this proeperty is inherited & later my father has paid his four siblings part & currently the house has the ownership of my father with Sale -Deed & Patta.

Advocate Rajesh Sharma answered
As a guaranted your father put his property paper in bank and bank has taken no objection from remaining siblings for any kind of issue .and bank give you loan for any kind of business .but you can not take mortgage loan on behalf of this property .

Q: How to get EPF amount to current wife

My Father died in 2015. He was Government Employee. My father & Mother got married before 15 Years. Before that he was divorced. After his death, His brother claiming for EPF money. He made one fake latter also for nominee with his name. We are fighting a case from last 3 years. What can we do now ? Is there are any provision, To get EPF Money to current wife ? Is there are any law regarding this matter ? Plz Help.

Advocate Rajesh Sharma answered
On that particular point the present wife living with husband at time of death of her husband but the husband who also married another woman or divorced from first wife but mention the name as nominee in EPF account then the first wife divorced and take her benefit by maintenance or death of first wife then the current wife show all the document to EPF office and take her benifit

Q: Notarised wills versus previous registered will

Can the existence of 2 later (only notarised and not registered) wills cancel a previously existing registered will? Does the registered will need to be cancelled at the Registrar's Office through a process? How can the signatures be verified?

Advocate Rajesh Sharma answered
Will not required for registering or notorised if will execute in a simple paper with two attesting witness then this will is legal and read in evidence and will make only those property which is self acquired and executor can make the will and cancelled the will in his life but after his death the will can't be changed or cancelled by any other.then the registered will cancelled by executor himself not other and make a fresh will .registered will is only a good for evidence but also notorised will be maintainable in law

Q: Is an unregistered will on five rupees non judicial stamp valid

I am Hindu. My late grandfather has handwritten his will on five ruppes non judicial stamp paper, counter signed by two witnesses but it is not registered. Is it valid? Also when my father applied for property transfer in Nagarpalika with the will paper. It was objected by my uncles. Can muncipial corporation reject the claim on the basis of registration of the will document?

Advocate Rajesh Sharma answered
Yes the will is valid and not necessary to register the will and will can be executed in a plain paper and above mention will is admissable in evidence and this will is legal if a will is proper stamps or registered then is good for evidence but a simple will is admissable in law but depends on attested witness are alive