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Probate of will and title transfer of property in his name necessary
17-Jun-2023 (In Wills / Trusts Law)
Please help me regarding this issue. My grandfather acquired a property from his sister by virtue of a will written by her, since he was her only caretaker and she had no family. Since the will was not registered so my grandfather later obtained probate for that will from the court. He had 2 children : my father and 1 daughter. The problem now is that my aunts husband now says that they have equal share over property since the property is not self acquired so the will my grandfather made in the name of my father doesn't hold good. He also says that though my grandfather obtained the probate on will but he made a mistake by not transferring the property in his name so the property remains ancestral. They are now threatening us that they will go in court
Hello i have perused your query.
If the property is the self acquired property of your grandfather then his children cannot claim anything in it till he is alive . However your grandfather can transfer the property according to his own wish or make a will regarding the same which will come into effect after his demise.
Equal share is only possible if your grandfather dies intestate leaving the property to be inherited by the surviving heirs.
If your father is in the possession of the said property on account of the will made by your grandfather in his name then your father becomes the titular owner of the property as possession in itself amounts to title in law.
For any further information feel free to reach out to us.
For any further information feel free to reach out to us.
If the property is the self acquired property of your grandfather then his children cannot claim anything in it till he is alive . However your grandfather can transfer the property according to his own wish or make a will regarding the same which will come into effect after his demise.
Equal share is only possible if your grandfather dies intestate leaving the property to be inherited by the surviving heirs.
If your father is in the possession of the said property on account of the will made by your grandfather in his name then your father becomes the titular owner of the property as possession in itself amounts to title in law.
For any further information feel free to reach out to us.
For any further information feel free to reach out to us.
Helpful?
Adv. Love Kumar Soni
Goa | 200+ Answers
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Dear querist,
This is just some mis-interpretation of law by them. Once the probate is granted by the court and the letter of administration is executed in the name of your grandfather, the property belongs to him though nit self acquired but it is his property. Now, if he has made a testament/will vide which he has made a wish that the property is to be transferred to your father. Once this will is proven as correct and last and final will by the court, no claim can be made by any other legal heir. Dont you worry about these misinterpreted ideologies,but you need to file a probate alongwith the letter of administration yo negate all those alleged contentions by other legal heirs.
This is just some mis-interpretation of law by them. Once the probate is granted by the court and the letter of administration is executed in the name of your grandfather, the property belongs to him though nit self acquired but it is his property. Now, if he has made a testament/will vide which he has made a wish that the property is to be transferred to your father. Once this will is proven as correct and last and final will by the court, no claim can be made by any other legal heir. Dont you worry about these misinterpreted ideologies,but you need to file a probate alongwith the letter of administration yo negate all those alleged contentions by other legal heirs.
Helpful?
Adv. Yuganshu Sharma
Delhi | 400+ Answers
Chat
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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