Implementation of my father's will dated 18 Jun 2001
Dear Sir / Madam
1. My father constructed first floor for me in his Bangalore property in year 2000, for my future financial security as my husband was suffering from major blood disorder at that point of time. When I refused to permanently reside in first floor anytime in future, he has told me to take the monthly rent from my first floor property. He wrote his will on 18 Jun 2001. He passed away on 21 Feb 2004. My husband prematurely retired from Indian Air Force and since then we have permanently settled in Navi Mumbai. As my brother, his wife and his daughter are not in talking terms with me because of my property issue, I have become homeless in Bangalore and visit only to meet my mother during some marriages as visiting Bangalore and bearing travelling and hotel expenses Mumbai to Bangalore is a costly affair.
2. As per para 6 of my father’s will, he has bequeathed ground floor of his Bangalore personal property to my brother Jayaram, first floor of his property to me and second floor terrace to my elder sister since he already gave my elder sister land for house construction. My father has also written in para 7 of his will that my mother shall have the right to enjoy the property without any hindrance, interference and intrusions from her children till her death and shall have the right to let out or lease out first floor, retain a minimum of Rs 5000/- and deposit money in her bank account for which I am nominee (and logically the remaining amount to be deposited in my bank account).
3. My mother is timid, illiterate, incorrectly interpreted about content of my father’s will and handicapped due to acute arthritis problems. Therefore since my father’s demise, my brother Jayaram has taken control of my property and its financial gains and not following my father’s will. Rather he has rented out and misappropriated my funds accrued from first floor property for personal benefits for his daughter and soninlaw. On my verbal requests to him to follow my father’s will he does not speak about it, not producing evidences, but abuses me emotionally on issues not related to my father’s will.
4. I have sent a few SMSs and a letter dated 16 Feb 2015 stating all the facts and that he should handover my property, transfer my property rights and the financial gains accrued from my property to me. However he says that mother is enjoying the first floor property though he now has given in writing that he will follow my father’s will and blaming me for not going to Bangalore for a meeting of beneficiaries to implement the will.
5. Please advise me on the following aspects:-
(1) How strong is my case legally?
(2) How I should go about legally in claiming my property, my property rights and my financial gains accrued from my first floor property?
(3) How I should go about in case of out of court settlement as my brother Jayaram is asking for a meeting of beneficiaries for out of court settlement?
(4) Can I file case in Bombay High Court to pursue my property case in future in case my brother does not follow my father’s will and the out of court settlement becomes unsuccessful?
(5) Is it compulsory to attend the meeting as in my opinion my father’s will is clear on division of property? Also in first meeting when my father’s will was read by the auditor, my brother Jayaram hurt my feelings in front of all elders, therefore I am not interested in attending any meeting.
(6) What would be the approximate legal expenses.
(7) Is it legal if I ask for a meeting of beneficiaries on skype.
(8) How much time I can wait to claim my property as I am being told by my executor that I need to hurry up to claim my property otherwise my father’s will shall become invalid.
(9) Can you advice me if there exists some forums or agencies fighting for women’s rights through whom I can take up my case.
(10) Contact details of lawyers in Kharghar Navi Mumbai and Bangalore who will give me correct legal advise and charge me reasonably.
Prabha Nitin SwamiAdke
Asked in Property Law from Navi Mumbai, Maharashtra
1) as per your father will first floor of house has been bequeathed to you .
2) you should request executor to apply for probate of will . i presume will has been attested in presence of 2 witnesses .
3) if executor does not apply any of the benficaries ie you can also apply for letters of administration
4) probate has to be applied in Bangalore as property is in Bangalore
5) no harm in attending the meeting called by your brother
6) you have to pay court fees as per court fee act of Karnataka . in Maharashtra it is maximum Rs 75000 . legal fees vary
7)you should apply for probate at the earliest . if there is inordinate delay it does create suspicion in mind of court regarding genuine ness of the will
8) number of lawyers on this site from Bangalore , Mumbai contact any of them
9) it i s better you contact a lawyer for fighting your case in bangalore than some forum
1. Your case is very strong. First floor of your father's property has been bequeathed to you,
2. Who is in possession of the Will? Who is the executor as mentioned in the will? Request the executor to filen application for granting prabate of your faher's will. Once decree of probate is granted, you become the rightful owner of the 1st floor of your father's house,
3.You need not agree for any out of the court settlement since there is nothing to settle outside. The will of your father is very clear about distribution of the property,
4. The executor or the administrator shall have to file the application for probate before the Court having jurisdiction on the area where the property is situated,
5. No. It is not necessary to attend the said meeting, if you do not want to,
6. The Court fee for filing the probate depends on the value of the property and also will be as per the stamp asct of karnataka,
7. the said out of te Court meeting has no legal implication, through Skype or any other way,
8. Application for probate should not be delayed,
9.& 10. Select a lawyer of bangalore from this portal or google search for him rather than going to any Forum,
1) Legally you have a strong case as the will clearly bequeaths the first floor for you and the will is not being contested by any one so far.
2) First of all the Will needs to get probated and this is a stamp of approval by the court of the authenticity of the will and once the will is probated your share in the property per will can no more be contested.
3) As the Will has clearly set out your share there arises no question of an out of court settlement.However you may attend the meeting to know what is being discussed and if there is an agreement on filing for probate, that is well and good.
4) The case has to be filed where the property is situated.You can give Power of Attorney to someone in Bangalore to conduct the case.
5) It is not mandatory to attend the meeting if you choose not to do so.
6) The court fee would be as applicable to stamp act in Karnataka and the fee of the Advocate varies from advocate to advocate.
7)You may ask for a meeting on skype; there is nothing illegal about it.As such as mentioned earlier you may choose to attend or not attend the meeting.
8) You need to make your claim as soon as possible even though there is no time limit set, however the chances of the will being challenged and the genuineness being questioned increases as time passes.
9) You will not need the intervention of the women's right forum to stake your claim in the property willed to you.
10) If you go on Kaanoon.com site and look for lawyers as per location you can find lawyers from Bangalore. Try contacting any as your case if needs to be contested will have to be in Bangalore.
1) Original will is with the sole executor Mr Sampath Kumar who is not traceable in Bangalore as he has sold his house and settled elsewhere his whereabouts are not known. I have a xerox copy of my father's will dated 18 Jun 2001. Alternate executor is Shri HB Kumar my cousin brother who resides in Bangalore. Since my brother Jayaram and his wife abuse the executor (my cousin H B Kumar) it is difficult for grant of probate by Court to establish Mr HB Kumar as the executor's right to represent the estate. Please advise what can be done in such case legally?
2) As per my father's will first floor of property is bequeathed to me but where does the case stand legally regarding my mother's powers to enjoy entire property though she has acute arthritis and cannot climb steps to go to first floor?
3) As my brother Jayaram has acquired my first floor property putting his daughter and son in law to reside in my property stating that it is my mother's right to enjoy the property without my hindrance. What can be done legally in such case?
4) As my brother Jayaram has not informed and hiding information about the financial benefits accrued from my property since past 11 years as per my father's will, the dues amount fairly works out to about Rs 20 lacs. Please advise me can I and how to go about legally to claim these financial benefits ?
5) My father's will is attested in presence of two witnesses.What is the power of the two witnesses?
6) Letter of administration is not required as my father's will has already nominated one sole executor Mr Sampath Kumar who is now not traceable and alternate executor as my cousin brother Mr H B Kumar. But what if the alternate executor is also not in a position to execute due to non cooperation from my brother Jayaram? Can it be executed through order from Bangalore High Court?
7) Can application for probate be applied directly through a Bangalore lawyer from kanoon.com, in case my executor cousin brother Mr HB Kumar refuses to execute my father's will due to non cooperation from my brother Jayaram?
8) Who should be paying the court fee for making probate for administration, making khata and payment of property tax especially when my brother has been hiding / not producing information about financial gains accrued from my property and probably misusing my funds.? I reside with my husband who has retired from IAF and college going daughter and managing from the monthly pension and will not be able to pay property tax in case Khata is made and I do not get my benefits from my property?
9) My brother Jayaram has after discussing with a Bangalore lawyer, he has sent in writing to me that meeting is required between beneficiaries to have out of court settlement and mentioned that even the executors presence is not required during the meeting. What should be done in this case?
Thanking you for your advice in anticipation. Many thanks for resolving my doubts regarding my property issues.
Asked 2 years ago
1. You have a good case to win. The first floor of the property has been bequeathed to you. Hence, you have clear title to the first floor of the property.
2. The will made by your father should be got probated at the earliest. If an executor has been appointed then he should apply for the probate. If he does not do so then you can approach the court and apply for the probate.
3. You can attend the meeting as your legal rights are indefeasible.
4. You need not agree to any out of court settlement as the will of your father has given you the first floor of the house.
5. You cannot file the case in the Bombay High Court as the property is situated in Bangalore. The case has to be filed in the court in Bangalore. If you are unable to attend the court in Bangalore then you may after engaging your lawyer execute a Power of Attorney (POA) in favour of anyone to do the needful.
6. The legal expenditure will be the fees of your lawyer and the court fees. We cannot say what the fees of your lawyer will be, whereas the court fee in Bangalore can be disclosed only by a Bangalore based lawyer.
7. Do not delay applying for probate as delay can impair your rights.
8. No forum will take up your case. You will have to engage your own lawyer and file your case.
9. Many Bangalore based lawyers are on this portal. You may obtain their contact details from the administrator.
1) As the executor of the will is untraceable the alternate executor would take his place in getting the will probated and executed.As far as the enjoyment of the first floor of the apartment by your mother is concerned, it is part of the stipulations in the will which is clearly not followed by your brother. As he is not sharing the financial benefits accrued from the property and refusing to disclose the details regarding it you can issue him a legal notice demanding the same and seeking his co operation in coming forward to probated or face legal consequences.
2) You can approach the court directly for the probate if the alternate executor is also not available and not willing to do the job.This can be done directly by a lawyer based in Bangalore.
3) For the court fee, you will need to pay it. Be assured you will get your rights and be able to recover all your brother has usurped so far.
4) Do attend the meeting to see what comes out of it . If the terms are not agreeable do not accept them and proceed legally.
1)Alternate executor can apply for probate of will .
2)your brother had no business in giving first floor to his daughter without your consent issue legal notice to them to vacate the premises.
3)You Cannot claim financial benefits for last 11 years.
4) witnesses affidavit is necessary to prove the will
5) if alternate executor is not in position to apply for probate then beneficiaries have to move court for probate
6)you can appoint any lawyer from Bangalore in this regard
7)court fees have to be paid for by the executor from the estate of the deceased for probate
8) no harm in attending meeting fixed by brother
1. For filing an application for granting of probate by the alternate executor, co-operation of your brother being one of the beneficieries, is not required at all. he has to just file the said application,
2. In this case, the will is not clear.However, enjoying does not mean giving it on rent to earn. She can stay in the entire house (the will is required to be perused to advise properly),
3. Your mother can enjoy the property but your brother can not let it out or allow his daughter and son in law to occupy the 2nd floor. Send him a legal notice calling upon him to get the said floor vacated within 7 days thereof,
4. How the financial benifit has been availed by your brother from your property and how have you calculated it? Did you claim the same since it is now your property? If yes, then file a recovery Suit against him for recovering the said amount,
5.If the signature of the testator of the said will is challenged while contesting the probate application, the evidence of the witnesses will be of immsense value,
6.If there is no executor to apply for the probate, any benificiery can apply for it,
7. Yes. Contact any bangalore lawyer from this portal,
8. All the legatees should pay for the stanp duty while filing the application for granting probate,
9. It is upto you. You can go to Bangalore or call your brother to your place for the said meeting expressing your inability to visit bangalore for financial constraints.