Grandmother's will & property query
25-Jul-2023 (In Wills / Trusts Law)
I am a a beneficiary of my paternal grandmother's will who passed away last year. My aunt (father's sister) is also a beneficiary. My grandfather passed away before her and her will has been probated by a mumbai court but no distribution has taken place yet due to the Covid situation.
How can I get a copy of her will? If she inherited property that was self-made by my grandfather, is she allowed to give it to someone else or would I have a right to it as wells?
Hi,
As we understand if you are entitled as a beneficiary to someone's property by Will, the said Will has to be probated and thereafter propwrties need to be mutated in land records and else as per Probate.
If your name is in the Probate and you have an apprehension that your Aunt will dispose off any property, we need to do following:
1. immediately issue notice to concerned Society for not issuing NOC.
2. Issue notice to Aunt for not to deal with the property till appropriate distrubution is being done as per law and documentation.
3. Take a search in High Court and get yourself a certified copy of the probate.
To address your last query, Self made property of your paternal grandfather not included in the Will has to appropriated by way of letters of administration process / succession certificate through concerned court. You can issue notice and ask for your fathers right arising thereto, as you are entitled through your father on the said property accruing to him in succession.
As we understand if you are entitled as a beneficiary to someone's property by Will, the said Will has to be probated and thereafter propwrties need to be mutated in land records and else as per Probate.
If your name is in the Probate and you have an apprehension that your Aunt will dispose off any property, we need to do following:
1. immediately issue notice to concerned Society for not issuing NOC.
2. Issue notice to Aunt for not to deal with the property till appropriate distrubution is being done as per law and documentation.
3. Take a search in High Court and get yourself a certified copy of the probate.
To address your last query, Self made property of your paternal grandfather not included in the Will has to appropriated by way of letters of administration process / succession certificate through concerned court. You can issue notice and ask for your fathers right arising thereto, as you are entitled through your father on the said property accruing to him in succession.
Well, you are yourself saying that you are beneficiary in your Paternal Grandmother's Will. So, if you are the beneficiary in that 'Will', then you are definitely going to get such proportion of share which is mentioned in the Certified Copy of the Will, i.e, Probate.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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