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Procedure to get copy of will made by grandfather
17-Jan-2023 (In Wills / Trusts Law)
We are muslim family. My grand nana died in 2005. 3 brothers and 3 sisters. Power of attorney went to elder brother's hand. Thereafter my mom requested for her inheritance rights . They assured her for giving but recently all the brothers distributed the property between them. They didn't give single penny to my mom and their sisters. What legal procedure should i follow? They have distributed and registered all the property in their name. How to get all property records of land, power loom and house.? My grand nana made a will before he died. But we don't have the copy to claim. How to get this copy.? Please advise in detail.
1. Your Mother & Sisters should be Claimed that property on the ground of Muslim Succession norms .
2. You have cheked-out any Will is in the house / bank locker / bank deposit ed by your grandnana .
3. You have to check it out your nearest registrar office for granting certified copy of will , If it is registered then it is in the registrar office .
4 . You can demand that copy of will .
5 . For full information , you can phone consultation regard your querry just clicking phone consultation .
2. You have cheked-out any Will is in the house / bank locker / bank deposit ed by your grandnana .
3. You have to check it out your nearest registrar office for granting certified copy of will , If it is registered then it is in the registrar office .
4 . You can demand that copy of will .
5 . For full information , you can phone consultation regard your querry just clicking phone consultation .
Helpful?
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How can I get a copy of my registered will in India?
The Sub-Registrar can provide you with a copy of the will if you comply with all the necessary formalities. You must also present the death certificate and prove your relationship to the deceased.
How do you check if there is any will?
Online verification of a copy of a will is not possible as a Will is a private document that is specific to the person who made it. According to the rules, only the person that made the Will is entitled to a certified copy.
How do you know if a will has been registered?
Ask the legal heirs if the deceased owner left a testament or died intestate. If he did leave a will, was it registered? If it's a registered document, you can search at the sub-registrar office. Speak to Ajay Sethi now!
How can I check my registered will online in India?
Only the person who made and registered the Will is able to access it. The sub-registrar can provide a certified copy of the Will to the beneficiaries after the death. This registered Will is only accessible by the person who has signed it.
First you have to make search of the property record of the land, if you want to make a search of property you can contact me for the same. You can claim for the will, when 3 brothers goes to probate the will, then you can challenge will at that time.
Helpful?
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Adv. Rashmi Nilesh Parmar
Mumbai | 100+ Answers
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Muslim law does not create any distinction between the rights of men and women. On the death of their ancestor (in your case grand nana), nothing can prevent both girl and boy child to become the legal heirs of inheritable property. Preferential rights do not exist.
I would require more information:
Firstly make sure that the Power of Attorney is registered or not;
Secondly, once you have been appointed personal representative, you will generally be given the powers set out in the WILL. No one else, including prior attorneys-in-fact will be allowed to act on behalf of the estate.
Thirdly, if the WILL is registered, then you can get a copy of the WILL from the registrar records.
Presently you can send a legal notice drafted by a lawyer to those 3 brothers stating that the the property is unevenly and unlawfully distributed.
I would require more information:
Firstly make sure that the Power of Attorney is registered or not;
Secondly, once you have been appointed personal representative, you will generally be given the powers set out in the WILL. No one else, including prior attorneys-in-fact will be allowed to act on behalf of the estate.
Thirdly, if the WILL is registered, then you can get a copy of the WILL from the registrar records.
Presently you can send a legal notice drafted by a lawyer to those 3 brothers stating that the the property is unevenly and unlawfully distributed.
Helpful?
10+
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
CONTACT NOW
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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