Legal services in Andheri, Mumbai
ANIKET NERURKAR is one of the best Legal services in Andheri, Mumbai. I have successfully drafted WILLS for many Clients in all over Mumbai. Before drafting the WILL, I explain the Client that the effect of the WILL is after the death of the Executant but not immediately after the death. After the death of the Executant the Executor appointed in the WILL by the deceased Executat should produce the WILL for PROBATE and only after the WILL is PROBATED in the HIGH COURT, the beneficiary of the WILL will have legal and transferable ownership rights over the properties of the deceased.
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The essentials of the WILL for Probate are the signature and the left thump impression of the executant, appointment of the Executor, Two witnesses, property address clearly mentioned in it which is to be bequeathed to the Beneficiary and a MBBS/MD Doctors certificate that he has checked the executant and he is at the time of execution in sound mind and health.
The maximum court fee for the PROBATION is Rs. 75000/-.
It is advisable to register a Will, but it is not a pre-requisite or compulsion. The WILL made in any form can be can be challenged.
The essential ingredients are there in a WILL like the
(1) Executor
(2) The complete details of immovable properties and movable properties
(3) The Correct Name of the Beneficiary with Pan Card No.
(4) Two (2) witnesses
(5) Signature of the person making the WILL with left thump impression and his photo.
He always insist and advice to get the said WILL registered before the concerned Sub-Registrar of Assurances. I am also in acquiring and involved in Testamentary Petition such as
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PROBATES
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Letter of Administration(L.A)
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Letter of Administration with the WILL attached
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Succession Certificates
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Legal Heir ship Certificate
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Before applying he involved in discussing with my client the difference with the Probate and L.A. If a person dies without executing an WILL during his lifetime, then the legal heirs or a legal heir can apply for Letter of Administration for ownership rights. The court fees for the same is same as court fees for WILL. If one of the legal heir acquires Letter of Administration by acquiring consent Affidavits of other legal heirs then the said legal heir cannot sell the said immovable property or cannot give the property on rent more than 5 years without the signatures of all other legal heirs or making all the heirs party to the document/agreement.
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If a WILL is without Executor then Probate is not received the order which is received is LA with the WILL attached. All the criteria of LA will apply to this Order not probate. Succession certificate is acquired in case of movable properties indicating as to how many are the legal heirs of the deceased. Legal Heir ship certificate is applied in case of both movable and immovable. It is acquired when one legal heir is illegally claiming the property. The others can apply to the court by providing proofs of inherited ownership right and a certificate is received from the court inserting the names of the legal heirs.Oppoutunity is also given to the legal heir why he alone thinks is the only heir and why not also others. Only after the opportunity is given the order is passed. If the order is challenged at the time of opportunity given then it is converted into a suit.
