What is Will. What is Probate. How to resolve Property disputes in Chennai - 9840802218
Will is a legal declaration of the intention of a testator with respect to his property, both movable and immovable. The essential characteristics of a Will are that it must be intended to come into effect after the demise of the testator and it must be revocable by the testator at any time.
Many disputes can be resolved at the very outset if there is a clear disposition of one's property in a Will.
Had late Sanjay Gandhi, son of late Indira Gandhi, left behind a Will, the possibility of any dispute surfacing between the mother and her daughterin-law would have been remote.
By means of a Will, one can appoint in writing, a testamentary guardian for his infant children. One can have somewhat greater provision for a handicapped child, a widowed daughter or an invalid parent.
One can make some provision for a faithful servant, a nurse, a friend in need of money and so on.
Further one can fulfill his spiritual desires like creating a trust, donating to good causes like orphanages, temples, old age homes, hospitals, educational institutions, social service organisations etc.
Any one of sound mind and not being a minor may dispose of his/her property by Will. Registration of a Will is purely optional and it is not compulsory.
It cannot be ordinarily be tampered with, destroyed, mutilated , lost or stolen.
It is kept in the safe custody of the office of the Registry. If an unregistered Will is lost, the testator's wish cannot be given effect as it will be difficult to trace the Will.
Probate is a document issued under the seal and signature of a Court officer , certifying that a particular Will was proved, with a copy of the will annexed.
The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.No probate is necessary for Christian and Muslim Wills.
Under Muslim law, male and female can make Will. Will by Pardanasin woman is also valid but stronger evidence is needed to prove the genuineness of the same.
The executor is the most important person in the Will. An executor has a duty to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law. The court shall grant probate only to an executor who has been named in the Will.
All Wills can be revoked, either impliedly or expressly, either by conduct or by a specific document. By conduct, the Will can be presented to be revoked by the testator.
For example , a testator may make bequest of property in his Will to a person, but he may dispose of the said property even during his life time.
This is called implied revocation. Suppose, the testator makes a bequest of a vacant land in his Will, but subsequently the testator himself constructs a dwelling house therein, in such circumstance, the Will can be deemed to have been expressly revoked by the testator.
It has been experienced that when there is a Will, painful litigation in the family of the testator is prevented. Only in a very few cases, litigation crops up questioning the genuineness of the Will.
Daniel & Daniel - Top leading Probate lawyer in Chennai - K.P.Satish Kumar M.L. Advocate High Court Madras.
Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com
The Author K.P.Satish Kumar M.L. is the leading Property Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9840802218. Queries about Top Probate advocate in Chennai, leading property in Chennai, advocate for will, advocate for probate. Daniel & Daniel Advocates @ 9840802218
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjxlqjT-HKFmoywC9DGori8LjTtcc6AMcXX0I7qmQTENw-G5XS-6XUJVPIdg35-1af0pmIY_uPoe1H-UdtMCC9UqVekCayM_Rz2M5BiC_BtbUqvhPra6iuu9v97PgWVqxyYZQ-bubc6q5lu/s1600/images+%25281%2529.jpg" imageanchor="1" ><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjxlqjT-HKFmoywC9DGori8LjTtcc6AMcXX0I7qmQTENw-G5XS-6XUJVPIdg35-1af0pmIY_uPoe1H-UdtMCC9UqVekCayM_Rz2M5BiC_BtbUqvhPra6iuu9v97PgWVqxyYZQ-bubc6q5lu/s320/images+%25281%2529.jpg" width="320" height="179" data-original-width="300" data-original-height="168" /></a>
Many disputes can be resolved at the very outset if there is a clear disposition of one's property in a Will.
Had late Sanjay Gandhi, son of late Indira Gandhi, left behind a Will, the possibility of any dispute surfacing between the mother and her daughterin-law would have been remote.
By means of a Will, one can appoint in writing, a testamentary guardian for his infant children. One can have somewhat greater provision for a handicapped child, a widowed daughter or an invalid parent.
One can make some provision for a faithful servant, a nurse, a friend in need of money and so on.
Further one can fulfill his spiritual desires like creating a trust, donating to good causes like orphanages, temples, old age homes, hospitals, educational institutions, social service organisations etc.
Any one of sound mind and not being a minor may dispose of his/her property by Will. Registration of a Will is purely optional and it is not compulsory.
It cannot be ordinarily be tampered with, destroyed, mutilated , lost or stolen.
It is kept in the safe custody of the office of the Registry. If an unregistered Will is lost, the testator's wish cannot be given effect as it will be difficult to trace the Will.
Probate is a document issued under the seal and signature of a Court officer , certifying that a particular Will was proved, with a copy of the will annexed.
The Supreme Court has recently held that petition for probate or letters of administration of the Will of a testator must be filed within three years from the date of death of the testator.No probate is necessary for Christian and Muslim Wills.
Under Muslim law, male and female can make Will. Will by Pardanasin woman is also valid but stronger evidence is needed to prove the genuineness of the same.
The executor is the most important person in the Will. An executor has a duty to collect and realise the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law. The court shall grant probate only to an executor who has been named in the Will.
All Wills can be revoked, either impliedly or expressly, either by conduct or by a specific document. By conduct, the Will can be presented to be revoked by the testator.
For example , a testator may make bequest of property in his Will to a person, but he may dispose of the said property even during his life time.
This is called implied revocation. Suppose, the testator makes a bequest of a vacant land in his Will, but subsequently the testator himself constructs a dwelling house therein, in such circumstance, the Will can be deemed to have been expressly revoked by the testator.
It has been experienced that when there is a Will, painful litigation in the family of the testator is prevented. Only in a very few cases, litigation crops up questioning the genuineness of the Will.
Daniel & Daniel - Top leading Probate lawyer in Chennai - K.P.Satish Kumar M.L. Advocate High Court Madras.
Do you need to go through Succession Certificate if there is no Will? • Can you avoid Succession certificate without having a Will ? • How do I apply succession certificate if there is no Will ? • How to apply for a Succession Certificate? For Legal queries Daniel & Daniel Attorneys & Solicitors 2132, Vasantham Colony, Annanagar-West, Chennai-600040 Phone: 9840787702 email: advocatechennai@gmail.com
The Author K.P.Satish Kumar M.L. is the leading Property Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9840802218. Queries about Top Probate advocate in Chennai, leading property in Chennai, advocate for will, advocate for probate. Daniel & Daniel Advocates @ 9840802218
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjxlqjT-HKFmoywC9DGori8LjTtcc6AMcXX0I7qmQTENw-G5XS-6XUJVPIdg35-1af0pmIY_uPoe1H-UdtMCC9UqVekCayM_Rz2M5BiC_BtbUqvhPra6iuu9v97PgWVqxyYZQ-bubc6q5lu/s1600/images+%25281%2529.jpg" imageanchor="1" ><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjxlqjT-HKFmoywC9DGori8LjTtcc6AMcXX0I7qmQTENw-G5XS-6XUJVPIdg35-1af0pmIY_uPoe1H-UdtMCC9UqVekCayM_Rz2M5BiC_BtbUqvhPra6iuu9v97PgWVqxyYZQ-bubc6q5lu/s320/images+%25281%2529.jpg" width="320" height="179" data-original-width="300" data-original-height="168" /></a>
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