Advocate Shayan Ahmed

Questions Answered by Advocate Shayan Ahmed (25+ answers)

Q: Reg will for different properties - Unregistered

I have 3 properties in Noida and Ghaziabad and have written asset wise will witnessed by a CA and a Homeopath Dr. Will that work in case of my death or shall I register it. I only have 1 son who is minor now and I have made my wife as a guardian till he turns 18. Separate will made for real estate and banks. Pls advise. Thanks in advance. Aman Chhabra.

Advocate Shayan Ahmed answered
Your Will can legally operate even if it is not registered, provided it satisfies the requirements of the Indian Succession Act, 1925. It must be signed by you and attested by two witnesses who have seen you sign. The witnesses being a CA and a Homeopath Doctor is perfectly valid, as long as they are not beneficiaries and are competent adults.Registration under the Registration Act, 1908 is optional, not mandatory. However, since you own multiple immovable properties in Noida and Ghaziabad, registration is advisable as it reduces chances of dispute, tampering, or challenge after your lifetime.Making separate Wills for real estate and bank assets is legally permissible but not recommended. It is safer to execute one consolidated Will clearly covering all movable and immovable assets, with a clause stating it supersedes all previous Wills.Appointing your wife as guardian for your minor son is legally sound. You may also consider naming an alternate guardian and clearly appointing an executor to ensure smooth administration.In summary, your Will can work as it stands, but consolidation and registration would strengthen its enforceability and reduce future complications.

Q: Will of Grandfather not implemented

My father didn't implement the will of my Grandfather and he has deprived me of my share as per the will. How can I proceed to claim my share

Advocate Shayan Ahmed answered
If your grandfather left a valid and duly executed Will and your father has failed to implement it, you have the legal right to enforce your share through appropriate legal proceedings.First, verify whether the Will has been probated. In certain jurisdictions (especially in metropolitan cities like Mumbai, Chennai, Kolkata), probate is mandatory for enforcement of a Will relating to immovable property. If probate has not been obtained, you may file a Probate Petition (if you are named as beneficiary or executor) or seek Letters of Administration with the Will annexed.If your father has already taken possession of the properties contrary to the Will, you can:Issue a legal notice demanding implementation of the Will and partition as per its terms.File a civil suit for declaration and partition seeking your rightful share.Seek injunction to restrain him from selling or creating third-party rights in the property.If there is forgery, concealment, or misappropriation, appropriate criminal remedies may also be explored.

Q: Will of Grandfather not implemented

My father didn't implement the will of my Grandfather and he has deprived me of my share as per the will. How can I proceed to claim my share

Advocate Shayan Ahmed answered
If your grandfather left a valid and duly executed Will and your father has failed to implement it, you have the legal right to enforce your share through appropriate legal proceedings.First, verify whether the Will has been probated. In certain jurisdictions (especially in metropolitan cities like Mumbai, Chennai, Kolkata), probate is mandatory for enforcement of a Will relating to immovable property. If probate has not been obtained, you may file a Probate Petition (if you are named as beneficiary or executor) or seek Letters of Administration with the Will annexed.If your father has already taken possession of the properties contrary to the Will, you can:Issue a legal notice demanding implementation of the Will and partition as per its terms.File a civil suit for declaration and partition seeking your rightful share.Seek injunction to restrain him from selling or creating third-party rights in the property.If there is forgery, concealment, or misappropriation, appropriate criminal remedies may also be explored.