What reply should I give to Tata Steel Land Department notice
The probate has been filled in district court jamshedpur and next hearing is on 11.06.2015.Can tata steel land department add my sister name, when probate case is pending in the court?
What reply i should give to TATA STEEL Land Department letter in which they have asked me to file a fresh affidavit cum declaration and indemnity bond to inform them about all illegal heirs of my late father.
Should I write in the letter, not to add or entertain till the probate case is pending in the court? ?
Asked in Property Law from jamshedpur, Jharkhand
Sorry , the illegal word is not correct. The right word is legal
Asked 2 years ago
1) you should inform the company that as per your father will you are the only legal heir
2) application for probate of will has been made before district court
3) in your affidavit mention you are only legal heir as per will and notice had been issued by court to all legal heirs
4) since probate petition is pending request company not to add your sister name in the records
The Tata steel land department would like to comply with the exiting rules for allotment to the legal heirs of the deceased. This is usual procedure that is being followed by them. Under the given situation, you can write to the Tata authorities that your father has bequeathed the property in favor of the beneficiary (whoever it may be) through a Will, the same is pending before the court of law for grant of probate. By furnishing the the court case number as well as a photo copy of the probate petition, you may request the Tata authorities to put on hold the ongoing allotment matter. If the Tata authorities refuse to accept your request, they may be implead as a party to the case and an injunction order may be sought against them restraining them from going ahead with the matter till the disposal of the present case before court.
An application may file before TATA STEEL Land Department for getting the job to you as per the will bequeathed by your father. Copy of will and details of case for Probating the will may attached with the letter. If your sister is ok then file her consent letter .It may help you for getting the job fast.
1. As long as the matter is sub-judice it cannot add the name of your sister to the records.
2. It is not clear to me as to why they have a sought an indemnity bond. ]They are not going to suffer any loss if the name of your sister is incorporated or not.
3. You can issue them a lawyer's notice to restrain from adding the name of your sister until and unless the court pronounces its judgment.
As I already advised you last time, Tata Steel is not a legal body to enforce any inclusion of name in the property. Your sister/s can challenge the will in the court which you have to fight on merit. You've not mentioned when the probate was filed and what is the status. Submit a copy of the will alongwith a letter informing them of the pending court proceedings with No. of the suit.
1. Better to file a fresh affidavit cum declaration and indemnity bond stating the true facts of the legal heirs of your late father. This can be done during the pendency of probate case.
2. Probate is a copy of the 'WILL' certified under the seal of a court of competent jurisdiction.