I am old lady engaged in partition suit for nearly 2 years with almost no progress.. My father had property in several crores.Even reply on stay application is not submitted and adjournments and long dates taken . i live in delhi and case is in alwar. I intend following ... 1 Prepare a Will , get it registered with court stating my share in all moveable and immoveable properties of my deceased father is bequeathed to Government who can use this for any noble cause after my death. 2.Get this will registered with court / sub registrar office. 3. List all properties known to me. list my share in these properties. 4. Make a statement for residual properties too which is not known to me. If later I come to know about it I can make codocil too. 5 Give Name of all legal heirs of my father. 6. statement that properties in name of my mother but self acquired property of my father is also bequeathed. 7. Give a copy of this will to District collector alwar and revenue authorities. 8 pursue case thru good lawyer at alwar. Or I can close this case for which Shall I submit copy of this Will in court or just a statement that I have made Will for noble cause in Court or do not need to submit this. Kindly advise. In case this is best course I will get will drafted thru some good lawyer . or what other best course is available to me. Kindly take time to understand that I want that whatever properties of. my deceased father even in future after my death are utilised for noble cause , will be better rather than loosing all properties in hands of my brothers or their family.
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Since you are a senior citizen you can make application for expedited hearing before HC of your case in Alwar
2) high court would grant your application to dispose of your suit expeditiously
3) you can execute will bequeathing your share in property to govt
4) will can be registered with sub registrar office
5) will should be attested by 2 witnesses
6) you don’t have to submit will in court
7) contact a local lawyer
1. Courts in Rajasthan grant maximum adjournments, hence the delay. However, as there is inordinate delay in the adjudication of partition suit then you have a potent remedy i.e to move the High Court with a petition to direct the trial court to conclude it in a time bound manner.
2. If you wish to make a will in favour of government then also appoint an executor. Get it drafted by a lawyer and then get it registered.
3. You cannot submit the will in the pending case as there is no nexus of the intended will with the cause of action of the suit pending in the court.
1. You seems to have a share in the property now entangled in court. If that is so then you have every right to make Will for its future bequests.
2. So yes, you can register a Will a locally stating your due share in the property to be devolved upon any charitable organisation of repute and of your choice.
3. For proper execution of the Will as per your directions make a person or two mentioned as Executor of the Will.
4. If you have any organisation on mind then talk to them so their office bearer can be mentioned as Executor of the Will as our friend or relatives later may loose interest to act as per your wish reflected in the Will.
5. pursue the probate case properly .
Good luck.
Pendency of partition case does not preclude you from making a Will of your undivided share in the properties of your father
However the bequeath will be of whatever right title interest you have in the undivided share in such properties and not any specified portion of the same. The latter will be possible only when the properties are partitioned and divided by metes and bounds in the partition case
But You can also state in the Will that if in the future, after you have made the Will, if the properties are divided, then such properties are also sought to be bequeathed
As long as the description of the property stated in your Will is identifiable at the time when the succession opens upon your death, all such bequests will take effect
For the stay application, you need to move a precipe in court for getting it expedited and heard ASAP.
1. Pending the partition a will for you share in properties can be made and registered at sub-registrar office. The will should be registered with sub-registrar and signed by two witnesses. Further you need to appoint an executor of the will and further can submit copy of will with the district collector office where property is situated.
2. Further for the delay in case get a direction from high court to expedite the matter by way of filing a writ petition in high court.
Hello,
You may get the will prepared with the conditions as detailed by you hereinabove.
Also the same may be registered and submitted in the court before Alwar so that no impleadment application later is filed to take your share.
Also, you may get in touch with a good and able lawyer in Delhi who may take care of your case in Alwar, in case you fear that a local advocate in Alwar will not handle your case effectively.
Regards
Dear Old Lady,
what you intend didn't seem proper,
First of all, pls elaborate on your family history,
second as per the available facts I advise you to make a will, and if you really want to do some noble cause then instead of giving it to Govt. there are many other options available, which are difficult to explain here and can be explained on phone call/personal email,
another point to take note is that contest your case at Alwar or at any other location, with full energy, get your share partitioned, and make them available for (Noble) cause with clear title and area.
drafting a will is also a complicated matter and require expert knowledge......... and
I offer my services for the (noble) cause, case at alwar and drafting of the will.
if you think you can ignore my request to disclose family history.
Yes you can state the same in affidavit. No need to file copy unless directed by the court
Property /documents are in name of my deceased father. I dont have succession certificate. Just partition case is going on. My father has 4 legal heirs. If I write in Will bequeathing my 25 percent share to government, can i get it registered ? Though i can make unregistered will. What are documents necessary to get will registered ?
Hi,
From the above statements/averments, the mental harassment, suffering and agony suffered by you is already visible. You can make a will to bequeath the properties on the name of President of India regarding all the properties which are in the name of your parents. Further, you may approach the court stating your who pathetic situation and ask of speedy disposal of case. You may file a petition in the district court and if not allowed by the district court, you may approach high for adequate relief.
Will can be registered at the Office of the Sub-Registrar, established by the State governments under the Registration Act, 1908. There is stamp duty is chargeable on Will registration. After drafting of the Will, a witness should accompany the testator to the Registrar for registration of the Will. After executing the Will, the registered Will can be deposited in safe custody with a banker or lawyer. Registrars also has authority to receive and hold in deposit wills. To deposit a will with the Registrar, it must be done in a sealed cover by the testator or by a person duly authorised by the testator. On satisfying the identity of the testator or the person authorised by the testator, the Registrar would hold the cover containing the will.
1) you can have will registered
2) presence of 2 attesting witnesses is mandatory
3) contact a local lawyer for drafting will
You can register the same only address proof like adhar card and pan card with 2 witnesses are necessary
You can write all your undivided share in properties and can give list of properties in the Annexure. Yes you can register same.
ID proof of person making will is required.
It can be registered but after WILL govt. Will not pursue the case effectively. Change your lawyer, incompetence of lawyer some times delays the case.
nothing required to get it registered except your willingness, and physical presence along with property detail.
you have to specify in the will, to whom you are giving your 25%share, else it will become difficult for Govt/beneficiary to claim the same.
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As per the information mentioned in the present query, makes it clear that you are ready to give away the share in the movable properties and immovable properties.
Let me tell you the exact provision as well as the law with respect to the property which has come through any family business also.
As the business must had been established by your father and then now brothers saying as it has come to them by way of inheritance or may not be saying the same, but you will do not have to mention this thing in your Will.
You have share in it, there is no doubt in it after the amendment in the law of inheritance wherein rights have been given to the girl also in father’s property.
But, till the time you do not get it you can’t simply donate it even for the the noble cause like the present one.
And I would advice you to fight the case, and you need not to be there all the time, she can be represented by her lawyer also.
Though right now, you can make a deed stating for the future contingency if property comes to you, same will go for the noble cause.
Yes
Just the Will, your ID proof, 2 witnesses and their ID proof
You can prepare a Will in the manner you desire and bequeath the properties as decided by you.
But kindly remember that you can legally transfer only those properties to which you have marketable title hence how far this will can be effective has to be thought about.
You can discuss with a lawyer ion the local and prepare a Will as per your desire and get it registered.
A will need not be registered but if you want it to be registered you can very well do it.
You dont require any documents additionally to get the Will registered.
Dear Madam,
Unless an until the partition suit is decided your portion cannot be identified and as such cant be registered
