A Hindu head of family passed away and has left behind a will signed by two witness and the document is notarized.
He has a wife, two sons and two daughters as the legal heirs. There are two properties that he has given to the family in his will:
An old house, jointly owned by him, his wife, and his brother. A partition suite was filed by him and his wife against the bother. Lower court had given verdict for separate possession of part of the house. His brother has filed first appeal in high court against verdict which is pending. His share in this property he has given to wife and elder son in the will.
A new house, owned by him and purchased using govt loan during his government service. He was charged with disproportionate asset case and was convicted by lower court along with a fine and recovery of Rs 10 lakh. An appeal in high court was filed by him which is pending. This property was recorded by ACB while calculating assets. This property he has given to younger son in his will.
Please provide answer to following question and suggest appropriate course of action to execute the will:
1) Is the notarized will good as it is, or does it need to be registered, or probated?
2) Which of legal heirs should apply for substitution in the civil case of old house
3) Which of legal heirs should apply for substitution in the criminal case
4) In case of abatement of criminal case, does the fine of 10 lakh stand and who pays the fine
5) If the family loses criminal case in high court, what fines are imposed. Does court charge interest on the pending fine amount
6) What is the process to transfer the property in the name of sons
7) If the new house is attached by court, can it be transferred to younger son name during pendency of criminal appeal, and what would be the procedure
Asked 3 years ago in Property Law
Religion: Hindu
In the civil case for partition of property in high court, father, one of the defendant has died during the pendency of case. Can the court be requested to expedite the case due to death of the one of defendant. Are there any legal provision to expedite such cases so that family get justice sooner.
Asked 3 years ago