• Will

My father had account in state bank of india,recently he expired .He has bank balance in this account.He has written a WILL all his share go to his second son.

Now my doubt
1.can second son withdraw amount showing WILL ? In case WILL not accepted by bank qhat should be done?

2.Rest of his sons and daughters were not in good relation to him,so in case of any signatures needed by these legal heirs,they wont sign.In such case what should be done.
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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23 Answers

Apply for probate of will 

 

2) probate is judicial proof that will is genuine 

 

3) notice would be issued to legal heirs 

 

4) if no objections are received you would get probate in 6 months 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1. Bank will not accept the WILL. Succession Certificate is to be obtained from the court for withdrawing the amount from the bank.

2. File succession Certificate by making general public party

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

For the search of properties you need to contact the land revenue officers, they could help you in tracing the properties. 

Yes you can approach against the land grabbers to the court.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You have to take search in sub registrar office in your city in respect of properties standing in your father name 

 

2) apply for certified copy 

 

3) apply for mutation of property name of legal heirs 

 

4) then file suit for eviction 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

There is one procedure to get properties documents by name  wise if you know the in village or city your father has purchased the properties.

 

As  you said above that your father was unsound mind means mentally not fit. So check when the WILL was created by him and your brother. If the WILL was created in his memory lost condition then that WILL is not valid.

 

Plus WILL needs the probate from court.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. See in case bank doesn't accepts will they may ask for the probate of the will. 

2  See if bank ask for NOC you may file for probate and once the will is probated no signature is required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. The beneficiary of the Will can produce NOC from the other legal heirs in order to make the claim amount from the bank. 

2. He can obtain a  probate of Will through court of law by which he need not have to obtain no objection from other legal heirs. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. See you have to find the revenue record of the properties in case the property is encroached as per the facts and circumstances you need to file a suit for possession of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can engage the services of an advocate in the local and apply for search of documents in the concerned registrar office. 

You can retrieve whatever details available there in this regard. 

After retrieving the documents you initiate legal action to retrieve the encroached property as per law through court. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

No only WILL is not sufficient. 

Probate from the court along with will is required. 

If withdrawal is done by Brother without following due process of law then take Civil and Criminal recourse both against your brother.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Hello,

  1. The Will is testament and desire of the deceased person as to how his assets are to be disposed of. It is a legally valid document provided it meets all the criteria. If the bank has any objections, you need to get the Will probated by a court, which will declare the authenticity of the Will. Notices will be sent to the other legal heirs for objections if any. The court's order will be binding on all concerned.
  2. In order to approach the court you ought to have some documents to substantiate your claims. Find out if the property documents were lost, if there was any tax paid receipts, electricity bill and the like. Get a search done in the concerned village office with the description of the area or get hold of a concerned municipal officer who can get you the records that describe the property.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

1. Yes, the second son can withdraw , if he is having a WILL 

- If WILL not accepted by the court , then he will have to take succession certificate from the court. 

2. There is possibility of release the amount by the bank after submitting the WILL copy , 

- Further , court may ask for Probate WILL 

- You should enquire from the office of Registrar after giving details of the property left by your father ,and further can get certified copy of the documents as well. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Yes he can seek all the acts by showing the will. But if any of the other legal heirs object and take stay then you may need to contest the same in court to prove the validity of the will

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

1.The second son would have to execute the will by filing a Probate petition in the court.

2. The legal heir will be required to appear and give a no objection to the Will.

if you say that your father had a memory loss, kindly see that was it also there when the Will was prepared, if yes then the Will will be void.

The Sub Registrarof that local city can tell you the properties belonging to your father.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Second son can withdraw money from bank on the basis of will if will mentions about bank account.

Its not possible to trace properties. At the max you can search local sub registrar offices for properties purchased.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Bank cannot refuse WILL. If bank refused than have to file civil in court for direction to bank.

NO signature require

Check old wealth tax returns of father to ascertain his properties.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Approach the bank and follow the directions , they will ask you to provide NOC from other legal heirs if they are  not satisfied with the genuin nature of the  WILL.

You can get a probate order to make the claim  in the bank matter.

Seek  a partition if the other legal heirs object in terms of the rest of the properties.

Get the help of a lawyer.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Since your father made a Will, you will have to get the will probated in a court.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) Bank will not release amount by just seeing the Will, it will ask for legal heirs.  You need to apply to District Court and for probate of Will.  Notices will be  given to all legal heirs of your father, based their reaction probate will be  granted.  Based on which you can proceed.

2) If other legal heirs protest, their it has to proved by bringing the witnesses.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You need to have some basic information / idea about the properties, based on which  you need to carry out search in concerned Sub Registrar's Office where the property is situated.

If you can get information about the said property, you can obtain certified copy of said document.

Based on which you can issue notice to encroacher / land grabbers followed by suit for recovery of possession.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. No second son cannot withdraw the amount just by showing the will.

2. He need to probate the will and get orders from court to claim the amount in saving account of his father.

3. If he get the orders to probate the will then signatures of other legal heirs will not be required.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

In case of account the nominee will get the money. The will would be applicable to other things as stated in the will. His children may challenge the will.

As long as the will is not challenged the person may go ahead and take all what his father wanted him to take.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Yes you can do all the aforementioned things in case the property papers are not available. Cases can be filed against encroachers.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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