Advocate Sarun Hans

Questions Answered by Advocate Sarun Hans

Q: Can anyone claim right in property if the will is unregistered

we are a hindu family, my father passed away in 2015 leaving 2 daughters, one son(me) and wife ( my mother), we are not in talking terms with one of sisters(eldest) rest are together as a family, my father left with an unregistered will, benificiary are me and my mother, does my sister (whose not talking to us) have any right on my father's property now ? also, how can i have complete ownership of the property which he left for me and similarly how can my mother have complete ownership of the property left for her do we need my sister ( whose not talking to us ) in getting the ownership of the 2 properties or can it be done without her

Advocate Sarun Hans answered
Dear Clientyou can get your property executed and registered in register office if you both are benificary on the basis of unregistered will but if the will is challenged latter on by your sister than you have to prove the validity of will in court .wether the will is genuine or not rest i can tell by metting either on phone or face to face.

Q: Girlfriend filed false rape case on boyfriend

We are working in same institute but different department. We met through common frnd after some time we like each other in this duration we made physical relationship after that we think for marriage but she always say I will talk to my parents but didn't. In this duration she abortation 2 time. At the end I knew she was already married ..i ask about you are already married then she filed divorce case against her husband and 100 no. Police call against me I raped her on basic of marriage proposal and I did forcefully abortion Plz tell the way how I protect my self

Advocate Sarun Hans answered
the only way to get out from this situation is if you prove that you are in physcial relationship in a long span of time and her conduct that she concel material fact that she is already married to some one else and you didnt kwew about her marriage. rest i can tell you on metting either personal or on phone as the case is contested one but sure their is a safe way to get out.

Q: What is the procedure to file a divorce case

We belong to Jain family based out of Delhi. We both want to get legal separation. We have one child who is 2 years old. It's been around 3.5 years of our marriage. I want to understand the process. Please let me know asap

Advocate Sarun Hans answered
you can file a petition under sec 13-B Divorce by mutual consent if you both are ready to get seprated .The only condition in this petition is that you are living seprately for 1 year period and both parties can decide in whose custody child should stay .the other condition is that you also get settled your valuable articles and other items along with amount of money .the petition should be filled in the family court of your area along with necessary documents .the advocates have to engaged by both the parties .this petition contain 2 motion and 2 motion will be after 6 months but if you have any special ground for divorce the court can grant before the said period.

Q: How to establish the validity of a will

how to probate a will???

Advocate Sarun Hans answered
Under the Indian Succession Act , a probate can be granted only to the executor appointed under the will.A probate is essential if the will is for immovable assets in multiple states. The necessary procedure should be completed before applying for the transfer of ownership of the assets.ApplicationThe application for a probate has to be made to the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer or advocate.DocumentsThe court usually asks the petitioner to establish the proof of death of the testator, as well as proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.NotificationAfter receiving the petition for a probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of the probate. It also directs the publication of a citation on board to notify the general public.FeesThe court may demand a percentage of the assets as a fee to issue a probate. This, however, is also subject to a ceiling. In addition to the court fee, the lawyer’s fee also needs to be taken .Validation of Willtyping space mattersburden is on propunder to prove the willone of attesting witness to prove the will will should be written by scribe if registered willwitness should be known to testatorsignature of testator should be tested.