What are remedies for the following case
My father had been leased a plot by TATA STEEL in 1971 at Jamshedpur.On which a double storied house was built. He died on June 2006. He had made a non registered notarised will signed by two witnesses in Jan 2005.Bequeathing the house to his two sons that are me and my brother. We have two sisters who are married and were not included in the will because my father already gave them lot of dowry during marriage for their well being in future. We two brothers did not file for probate of the will as everything was ok after my father's death. But now after 9 years they have written to TATA STEEL Land Department in their record. TATA STEEL has already mutated the said house in the name of me and my brother. Now TATA STEEL has sent us a letter to file a fresh affidavit cum declaration along with indemnity bond within 15 days time and also clarify the name of all the heirs oof my father otherwise as stated in the letter they would add the name of both the sister in their record.What remedy do I have and what reply should I give to TATA STEEL Land Department as I have the will , which is already under process of probate.Please advice.
Asked in Property Law from Jamshedpur, Jharkhand
1) furnish affidavit cum indemnity bond and enclose copy of your father will
2) you should also apply for probate of will in district court
3) you would need to contact a local lawyer and file petition for probate of will .
4) enclose copy of affidavit of one of attesting witnesses
5) notice would be issued to all legal heirs
6) if your sisters dont contest will you will get probate in 6 months time
1. The beneficiaries of the will i.e you and your brother should proceed to apply for probate of the will made by your father.
2. The probate will repel the claim of your sisters. No affidavit will be required after the court grants probate as a judicial order supersedes any requirement of an affidavit.
You have not mentioned when did you file for probate and where. Hope you've filed it in High Court which I think is in Ranchi. You can furnish the affidavit and indemnity bond as required by the Land department of Tata Steel and along with it attach a copy of the will and also intimate them of the pending probate matter in High Court. Let the sisters challenge it, fight your case on merit.
If the company has issued notice to comply with the requirement, you should give a reply notice objecting to their demand on the basis of the will by which you both have acquired the property. The Tata company has got no business to interfere into the Will by which the property stands bequeathed to the benefits. It is clearly known fact that the property is your father's self acquired property and he has full rights to dispose it in any manner as he desires. Therefore the Will gets legal validity. Go ahead with the issue accordingly.