• What happens if the will has my dad's alias name instead of full name, when my grand father wrote

Dear LawGurus, 

My grandfather has written a WILL, which he has put my Dad's Alias name (Shortened Name) instead of Full name, When my brother took my Dad's death certificate, they got it my Dad's full name.. Now how to Honor that WILL Legally? What is the general procedure?

Thanks
Balaji Ramachandran
Asked 11 months ago in Property Law
Religion: Hindu

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28 Answers

Dear client 

Tell me you are belonging to which state in India . it is possible to change your father name in death certificate.

if you are in chennai i will do need full please contact  me  

 

P. Gnanam
Advocate, Ambattur
18 Answers

Not rated

If the will says 'to my son X' then you can prove that this is you by showing your father death or birth certificate Or through other documents. 

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

You can probate it will you want to prove its genuinity. 

Prashant Nayak
Advocate, Mumbai
22626 Answers
49 Consultations

4.4 on 5.0

The Will can be probated if it cannot be enforced at this time on behalf of the deceased beneficiary, by his legal heirs.

This problem can be solved by giving an affidavit stating that his name was that whereas e was known by this name also hence there is no legal infirmity in it.

This affidavit before the court may be accepted if not objected by the other side.

This can solve your problem.

 

 

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

Executor has  to apply for probate of will 

 

2) enclose grand father and father death certificate 

 

3) did your father predecease your grand father ? 

4) is there a residuary clause in will 

 

5) it is necessary to peruse will to advice 

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

First you should make an affidavit stating your father's short name, before magistrate . Some witness would be required .

After this go for probate of the will. 

This would not cause any big problem .

Kallol Majumdar
Advocate, Kolkata
2778 Answers
4 Consultations

5.0 on 5.0

The procedure for proving the Will remains the same

The testator's sign has to be attested by the 2 witnesses 

If there is a contest to the Will then evidence or proof can be given for the alias name 

If there is no challenge to the Will then such proof is not needed

Yusuf Rampurawala
Advocate, Mumbai
5797 Answers
36 Consultations

5.0 on 5.0

You need to get will probate from court.

Ganesh Kadam
Advocate, Pune
11738 Answers
114 Consultations

4.9 on 5.0

If you can establish through valid documents that your father had alias that would suffice.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

If you have decided to prepare an affidavit you may contact a notary public in the local. 

He or she would guide you properly about the procedures to be followed including documents to be attached and the cost etc.

The opinion or suggestions from others may not be a proper answer. 

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

You need death certificate of grand father 

 

2) schedule mentioning details of property 

 

3) legal fees vary depending upon the lawyer engaged by you 

 

4) affidavit of one of attesting witnesses 

 

5) testamentary petition for probate takes 6 months if there is no contest 

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

 delay in filing probate has to be explained 

 

section 68 of evidence act provides that you have to examine atleast one attesting witness to prove the will .

 

 

2) if both the attesting witnesses are dead you can prove the will by other evidence . you can examine a witness who can identify the testator signature on the will .

 

 

3) you also have to produce death certificate of AW as evidence that both witnesses are dead .

Ajay Sethi
Advocate, Mumbai
79679 Answers
4798 Consultations

5.0 on 5.0

If your father had taken possession of property enforcing Will,  there's no necessity for getting probate of Will at this stage. 

You first ascertain the current situation and discuss with an experienced advocate in the local and take suitable action as is required to the circumstance.

T Kalaiselvan
Advocate, Vellore
69710 Answers
946 Consultations

5.0 on 5.0

Dear client 

T

Thank you for your respose 

you didnt tell where you are in India - My answers applicable  to Chennai or and  courts of Tamil nadu juristiction 

Anwer for your Questions 

  1.  will be decide on negotians depending on need of proces - but affordable only
  2. Change the name in Death certificate, apply for new legal hierer certicate, and will need of  probate depend on to the places of properties suituated 
  3. 1.An antendicated document of prove your grandpaas official  name                                                          2 other KYC                                                                                                                                                  3.Death certicate original (need to change)                                                                                                  4 .Death declared conformation by a registered medical practioner if death occuerd at home or                5.If deied in  hospital -declaration certificate by the same hoaspital.( to change the name in death certificate)
  4. Son or daughter or any one other legal hierer or any other person authorised by you by as 

SPECIAL POWER OF ATTORNEY FOR THIS PURPOSE ALONE ( (appointment of power of attorney may possible from there itself,if you want  i will guide you to get )

can -can accompany with me entire proces 

 

P. Gnanam
Advocate, Ambattur
18 Answers

Not rated

1. See you need to file probate of the will and affidavit to the effect.that the name of dad in will and the full name are same person. 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

See court fee as per value of property have to be paid.

Further beneficiary of will can file for same or if beneficiary is no more legal heirs of.benificiaries.

 

Alternatively before filing probate if the name of father is mutated in the records then you can give an affidavit of same name and can other documents and legal heirs of father can try mutating there name in the property before.going for probate.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

See will in that case has to be pursued and you need other supportive corroborative evidence to prove the will.


See will in that case has to be pursued and you need other supportive corroborative evidence to prove the will.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

The documents reflecting your father's alias has to be filed. Do you foresee any objections 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

Your grandfather has written your fathers alias or nickname in the will it can pose problems later if you go on to sell the property or enter into any agreement with respect to the said property.

it is better to get the will probated from testamentary court so as to avoid any such issues later on.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

1. Legal fee for probate it is quite variable and differ from lawyer to lawyer. You had also have to pay court fee which also varies from state to state.

2. you will have to file a petition before testamentary code for grant of probate where in in the court will issue notice to all the the legal heirs and in case nobody has any objection, you will be granted probate.

3. You would required the original will,  death certificate of your grandfather, ID proofs, affidavits from testators.

4. All the legal heirs, testators, Sub Registrar, if the will was registered.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

If the witnesses have died, then also will can be probated by leading other form of evidences before the court to prove the genuinity of the will.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

It seems that will has been drafted in a very casual manner and perhaps not by a lawyer. You just don't put nick names alone in the will. It is a recipe for disaster for B if A makes a will in favour of B and identifies B as Tommy in the will. The other heirs who are excluded can successfully challenge it in the civil court to seek a declaration that will is non est.

 

Ashish Davessar
Advocate, Jaipur
29975 Answers
864 Consultations

5.0 on 5.0

1. Since the testator is dead the will cannot be changed.

2. Now your father should apply for mutation on the basis of will and if mutation is not sanctioned on the ground that the legatee cannot be identified then your father will have to file a suit for declaration that he is the person to whom property has been bequeathed in the will.

Ashish Davessar
Advocate, Jaipur
29975 Answers
864 Consultations

5.0 on 5.0

1. Has your late father availed grant of probate of the said will?

 

2. If not then application for probate shall have to be filed now by the legal heirs of your late father sending copies of the application to all the legal heirs of your grandfather.

Krishna Kishore Ganguly
Advocate, Kolkata
24877 Answers
707 Consultations

5.0 on 5.0

1. The maximum Court fee for seeking grant of probate is Rs.50K. It might cost you Rs.1.50 lakhs in total.

 

2. Application for probate shall have to be filed before the Court who will send copies of the application to all the legal heirs of your late grandfather to enable them to either consent or contest.

 

3. You need the original will and the death certificate of your grandfather.

 

4. All the legal heirs of your grandfather or their successors will be the parties to the said probate application.

Krishna Kishore Ganguly
Advocate, Kolkata
24877 Answers
707 Consultations

5.0 on 5.0

1. You have no alternative other than filing the application for probate of the will.

 

2. It will not be a easy jhob for you to get the probate since non of the persons involved with execution of the will is now alive. however, you shall have to take witness of the typist who had typed the will.

Krishna Kishore Ganguly
Advocate, Kolkata
24877 Answers
707 Consultations

5.0 on 5.0

Dear

You should file a suit to probate the will on ground that name mentioned in the will is short name of your father and grandfather use to call your father by that name which is written in will. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

you can prove the will by getting the signature compared with contemporaneous signatures of the testator, by Forensic expert. Law always opens the door to the aggrieved person in one or the other manner. The court will examine the nature of the will and the circumstances under which it has come in to existence etc.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

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