What Property May Be Disposed Of By Will? - Probate Lawyer Helpline - 9840802218

The is a general question in the minds of the people that what are the properties are subject to be disposed by a Will. The Following properties can be disposed by a person by a way of Will. 
(1) A person may dispose by will of property to which he or she is entitled at the time of his or her death.

 (2) A person may dispose by will of property to which the personal representative of that person becomes entitled by virtue of the office of personal representative after the death of that person. 

(3) It does not matter if the entitlement of the person or of the personal representative did not exist at the date of the making of the will or at the date of death. 

(4) "Property" includes - (a) any contingent, executory or future interest in property; and (b) any right of entry or recovery of property or right to call for the transfer of title of property.

 (5) A person may not dispose by will of property of which the person was trustee at the time of death. On the above basis one can write a will to dispose the properties by the way of Will.

 The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9884883318

How should a will be executed? - Probate Lawyer - Helpline 9840802218

Today we receive queries from many persons that how should a will be executed. How to make a valid will. If a will written by them will became invalid after their death. What are the things to make a valid will. 

(1) A will is not valid unless - (a) it is in writing and signed by the testator or by some other person in the presence of and at the direction of the testator; and (b) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and (c) at least two of those witnesses attest and sign the will in the presence of the testator (but not necessarily in the presence of each other).

 (2) The signature of the testator must be made with the intention of executing the will; but it is not essential that the signature be made at the foot of the will. 

(3) It is not essential for a will to have an attestation clause. 

(4) Where a testator purports to make an appointment by his or her will in the exercise of a power of appointment by will, the appointment is not valid unless the will is executed in accordance with this section. 

(5) Where a power is conferred on a person to make an appointment by a will that is to be executed in some particular manner or with some particular solemnity, the person may exercise the power by a will that is executed in accordance with this section, but is not executed in that manner or with that solemnity. If you fulfill all the above conditions you need not worry about your will. Every thing will devolve according to your last made will to your successors.

 The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218

How many Witness required to subscribe a Will - Probate Lawyer Helpline - 9840802218

Law provides minimum two witness should subscribe the Will, to have a valid Will two witness is needed. Is it necessary that there be two witnesses? It appears that there is more than one reason for this safeguard.

 First, there is greater likelihood of at least one witness still being available at the time of application for probate should evidence as to the circumstances of the will-making be required.
 Second, the rule requiring two witnesses provides a greater safeguard against forgery and undue influence than would a rule requiring only one. There has been a call for a provision to include the recognition of 'self-proving' wills whereby the signing of the will is notarised by one person of appropriate standing. Assuming the formalities of notarisation are carried out correctly, testamentary intention could be presumed. Two witnesses present at the same time: The requirement that both witnesses are simultaneously present at the time the testator signs (or acknowledges his or her signature) is designed to prevent forgery and fraud, and to ensure that the testator is fully aware of the seriousness of the occasion. However, there is no requirement that the witnesses sign in the presence of each other. Currently, it is possible, so long as the testator has signed or acknowledged his or her signature in the presence of both witnesses at the same time, for the witnesses to attest on separate occasions so long as they do so in the presence of the testator. Following on from that, a question arises about whether both witnesses need to witness the same act.

 Is it necessary for the testator to sign or acknowledge in the presence of both witnesses at the same time, or could this be done serially? In ordinary circumstances it would appear that there should be no problem in the witnesses signing serially. However, there are certain circumstances where problems could arise. For example, if there is a time-delay between the signing the testator may attempt to alter the provisions of the will before the second witness signs. Such alterations would fall outside the strict attestation requirements.

 Confusion could also arise regarding the date of execution. If dates are given with each signature, at what point would the will be deemed to have been executed? There could be some advantage in permitting some form of serial witnessing but acknowledges that serial witnessing may give opportunity for confusion. On the balance it is contended that it is preferable that both witnesses be present

 The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218. 

Must witnesses know the contents of what they are signing a Will - Probate Lawyer Helpline - 9840802218

A will which is executed in accordance with this Act is validly executed even if a witness to the will did not know that it was a will. Publication of will not requisite - Every will executed in manner herein before required shall be valid without any other publication thereof. 'Publication' means that the witnesses need to know that the document is a will, and is achieved by the testator making a declaration in the presence of the witnesses that the document produced for signing is a will. This requirement was replaced by the requirement that the will be attested by two witnesses. Where a testator signs his or her will in the presence of witnesses, and does indicate the purpose of the document, it is not necessary for the witnesses to know the contents of that will. The law require any knowledge on the part of the witnesses that they are witnessing the signature of the testator to his or her will. In circumstances where the witnesses are not aware that the document is a will, it is assumed that they would be unable to give evidence as to the signatory's testamentary intent. They would merely be able to give evidence that they witnessed the act of signing (devoid of any evidence of intent), and of the perceived state of mind of the testator at that time. Hence the witness whether they knowing or not knowing the contents of the will but must aware that they are subscribing their signature for the will written by the testator. 

The Author K.P.Satish Kumar M.L. is the leading Probate and Will lawyer. You can get free legal advise on Probate and Will to the team Daniel & Daniel @ 9840802218.

What is Probate - Helpline - 9884336772

When someone dies and leaves property, money and possessions – their estate – you need to sort out who gets what. To do this you need what is known as a 'grant of representation'. This proves your authority to administer the estate. What form this takes will depend on whether a will has been left. If the deceased left a will and appointed an executor (sometimes more than one executor is named), that person will need to get what is known as a 'grant of probate'. However, if there is no will, the next of kin apply for what is known as a 'grant of letters of administration'. The process of applying to the court for the grant and the document you use to manage the estate is often generically referred to as 'probate' – for the sake of this guide and simplicity, this is the term we will use. Probate is the same for everyone in England, Wales and Northern Ireland, but if you live in Scotland it's called 'confirmation'. Put simply, and in order, the executor's job and the process of dealing with probate involves: Gathering any assets, eg, money left in bank accounts Paying any bills Distributing what's left according to the will 

The Author Bobby Portia Alex is the leading Probate Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9884336772. 

Queries about Top Probate advocate in Chennai, leading property in Chennai, advocate for will, advocate for probate. Daniel & Daniel Advocates.

Divorce within 10 days in Chennai - Free Legal Advice - 9884883318

If a Hindu married couple is separating by mutual consent then they no longer need to wait for six months for getting a separating order from the court.
Supreme Court held that marriage between two Hindus can be legally terminated in just a week as the “cooling off” period can be waived off as it is not mandatory.
The Apex court clarified that if all the efforts to reunite parties and mediation and conciliation also fails between them then the wait for a six-month period can be done away with.
This ruling was passed by the court after a petition was filed by a couple seeking direction to waive off the cooling off period as they have been living separately for 8 years and they had already settled all issues pertaining to child custody and alimony.The couple made a plea before the Supreme Court that delay in divorce would affect their chances to resettle in life.
In the present matter, the court took a stand that delay in proceedings only prolongs subsequent resettlement. Waiving off period can be considered if the parties have been living separately already for a year.
The court said, “The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of the status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off period was to safeguard against a hurried decision if there was otherwise the possibility of differences being reconciled.”
The bench comprising of Justice AK Goel and UU Lalit said that the object of the cooling off period is to safeguard against a hurried decision taken by a couple to get separated and to allow them to explore ways to settle their disputes however this could not be made mandatory.
As per Section 13B(2) of the Hindu Marriage if both the parties do not change their pleas for divorce in a time period not less than six months and not later than 18 months, then the court pass the decree to declaring the marriage to be dissolved.
The court observed that the period of six months to 18 months provided in section 13B is an interregnum to give time and opportunity for the couple to reflect on their move. This period can be waived off if conciliation fails and parties have genuinely settled their differences pertaining to alimony, custody of the child or any other issues pending between them.
The bench observed, “The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option.”
The Supreme Court bench after examining all the issues came to the conclusion that Section 13B(2) is mandatory and not a directory. The court held that the cooling off period could be waived off if the court is satisfied that the parties are living separately for more than a year with no chance of reconciliation and a further waiting period would only prolong their agony. The bench held that the parties can file a waiver application just one week after the divorce petition is filed and the court will take a call on the waiving off period.
The Author K.P.Satish Kumar M.L. is the top Divorce lawyer in Chennai
For Free Legal queries call Daniel & Daniel At 9884883318

Succession Certificate Advocate in Chennai - 9840802218

Succession:

The ordinary meaning of the word “Succession” is a transmission by law or by Will of a man to one or more persons of the property and the transmissible rights and obligations of a deceased person.

The law of succession on death is the law governing the transmission of property vested in a person at his death to some other person or persons.

Succession certificate is a document whereby a person is appointed as administrator on the estate of deceased person. Succession certificates determine the receipt of debts and their interests. It also instructs for the distribution of estate among legal heirs keeping in view of laws relating to succession.

Object of succession certificate:

Its object is to facilitate collection of debts by the person who has prima facie clear title to succession and has beneficial interest in debts. This right is decided in summary manner.

Jurisdiction of Court:

Question of Jurisdiction is essentially linked up with residence of deceased. Question cannot be decided without recording evidence. There are two cases, which determine the Jurisdiction of Court for grant of succession certificate, i. e., residence of deceased or property of deceased.

1.      Residence of deceased: District Judge of the area where deceased was ordinarily resided at the time of death is the area which comes under jurisdiction of District Judge for the purpose of grant of succession certificate.

2.      Property of deceased: If deceased had not fixed residence at the time of death than situation of his property shall determine the jurisdiction of Court.

Who can obtain succession certificate:

Person prima facie having best right to certificate can obtain it. Law does not afford lengthy process of settlement regarding relationship with deceased, which can only be settled by a suit.

Application for certificate: Following is the criteria to put application for the grant of succession certificate:

1.       Office:

Office of the District Judge is the place where application is forwarded for such purpose.

2.       Who may apply:

Any person of sound mind and not a minor can apply for certificate, provided he has interest in the estate of the deceased.

3.       How apply:

Application in term of petition signed and verified by or on behalf of the applicant in the manner prescribed by Civil Procedure Code (CPC) can be filed in Court.

4.       Particulars of application: 

Application must state following facts:

1.      Time of death: Application must state time of death of the deceased person. It may include death certificate issued by competent doctor.

2.      Extent of residence: Application may include the ordinarily residence of the deceased person at the time of death. In case residence was not within local limit of the jurisdiction of the concerned court then situtation of property of the deceased person within those limit shall be considered.

3.      Family information: Names of family members, other relatives, and their respective residences should be stated in application.

4.      Right: Right of the petitioner, which he claims.

5.      Absence of impediment: If there is not any prohibited degrees in the distribution of estate/legacy, it must also include in application.

6.      Receivables: If there are any debts and securities for which certificate is applied, must be stated in an application.

Article by Mr.K.P.Satish Kumar the top advocate for money claims in Chennai
Free Consultation in phone with the Top Civil Lawyer in Chennai Form Team Daniel & Daniel @ 98400802218.

Lawyer for Will, Lawyer for Probate, Lawyer for Succession Certificate, Lawyer for Property litigation, Lawyer for Money claims, Lawyer for Loan Problems

Lawyer for Property, Lawyer for Property Registration, Lawyer for Power of Attorney, Lawyer for Property verification, Lawyer for Property verification in Chennai, Lawyer for Property Purchase, Lawyer for Property damage, Lawyer for Property Transfer, lawyer for Property Taxes

Get free Will for Chennai peoples