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Priyansh (Employee)     27 June 2012

Property sale on behalf of will

Dear Experts,

We are two brothers, in year 2006 my mother executed a Registered will & then after she died in year 2007 .The details of will are as follows –

 

  1. She gave an Agriculture land around 15 acres in Sihore District of Madhya Pradesh equally between me and my elder brother.
  2. On the same will  she gave me exclusively a plot around 5000 sq. feet at Indore with the clause she mentioned that since she is living with me so she is giving me this plot only to me.

 

On behalf of that registered will at recent date I had applied to transfer this plot in my name at Tahsildar office but my elder brother creating problems in transfer of that plot in my name since my mother left this plot exclusively in my favor. I also come to know that my brother is making an unregistered forge will by putting  mothers forge signature in that will. I don’t know what he will write in that will but its 100% fact that my mother executed a single will with the details as mentioned above. 

 That Plot is situated at prime location of Indore so many are interested to buy that plot my question is that

(a)    Can I legally sale that plot on behalf of that will, without transferring it in my name.

(b)   Is there any provision in law which allow to sale property on behalf of registered will without transferring in name .

Please advice me..  

 

Priyansh

   

 

 

 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 June 2012

Dear Priyansh, 

 

Considering the facts and circumstances I would advise you to :-

 

1) If the will is registered and the attesting witness are ready to come to testify as to due execution of will, then file a probate to settle matters once and for all. You can sell the property only once you have it in your name after probate the local authorities would transfer it into your name (mutation). Only once that is done - you can sell and expect a good price for your property. 

 

2) Don't worry about the forged competing will - and even if he forges one - yours is registered and would prevail over the unregistered one. 

 

Feel free to talk ! 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 June 2012

Dear Priyansh, 

 

Considering the facts and circumstances I would advise you to :-

 

1) If the will is registered and the attesting witness are ready to come to testify as to due execution of will, then file a probate to settle matters once and for all. You can sell the property only once you have it in your name after probate the local authorities would transfer it into your name (mutation). Only once that is done - you can sell and expect a good price for your property. 

 

2) Don't worry about the forged competing will - and even if he forges one - yours is registered and would prevail over the unregistered one. 

 

Feel free to talk ! 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 June 2012

Dear Priyansh, 

 

Considering the facts and circumstances I would advise you to :-

 

1) If the will is registered and the attesting witness are ready to come to testify as to due execution of will, then file a probate to settle matters once and for all. You can sell the property only once you have it in your name after probate the local authorities would transfer it into your name (mutation). Only once that is done - you can sell and expect a good price for your property. 

 

2) Don't worry about the forged competing will - and even if he forges one - yours is registered and would prevail over the unregistered one. 

 

Feel free to talk ! 


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