Can i register through will on my part?
REVATHI NAIDU
(Querist) 05 August 2016
This query is : Resolved
MY MOTHER HAD A BUNGLOW PLOT ON HER OWN NAME. SHE WROTE A WILL OF EQUAL PARTITION TO ME AND MY SISTER. MY MOTHER IS NO MORE. THE HOUSE IS A SINGLE HOUSE. MY SISTER IS ONLY TAKING CARE OF THAT HOUSE AND COLLECTING RENT. SHE IS ONLY HAVING THE ORIGINAL DOCUMENT OF THAT HOUSE. SHE WANTS TO KEEP THE HOUSE HERSELF. BUT SHE IS NOT GIVING MY SHARE. AFTER MOTHER'S DEATH NO ANY DOC LIKE PROBATE IS DONE. MY MOTHER APPOINTED MY SISTER'S HUSBAND AS ADMINISTRATOR TO DIVIDE THE PROPERTY.
IN THIS SITUATION HOW CAN I GET MY SHARE. IF I GIVE A COURT CASE IT WILL GO FOR MANY YEARS. OTHERWISE CAN I REGISTER MY PART OF THE HOUSE ON MY NAME . I AM HAVING THE REGISTERED ORGINAL WILL. AFTER REGISTRATION CAN I SELL MY SHARE TO ANY OTHER. HOW CAN I MAKE PARTITION. THROUGH REGISTRATION OR THROUGH GETTING PART PATTA. IF ANY SIGN FROM MY SISTER SIDE IS REQUIRED. BECAUSE SHE IS NOT WILLING TO DO PARTITION.
Kumar Doab
(Expert) 05 August 2016
Approach the authority under whose jurisdiction the property falls and obtain requisite forms.
Submit copy of the WILL with forms to act upon and for recording share as per WILL.
You can claim share from rent also.
rajeev sharma
(Expert) 05 August 2016
The registered will in itself a good title document and you have transferable right in the property. You are owner of half share in the house. The only problem is that your share is not defined in the property. You may enter into a mutual settlement with your sister and may get that registered. If she does not agree then a partition suit may be filed
Rajendra K Goyal
(Expert) 05 August 2016
Try to have amicable settlement.
If no result, file case for partition on the basis of will.
Advocate Bhartesh goyal
(Expert) 05 August 2016
You have to file partition suit and claim not only your half share in property but also actual and physical possession of your share.
dr g balakrishnan
(Expert) 05 August 2016
issue legal notice why she has not done probate under testamentary jurisdiction of the said will? then she is bound to move for testamentary jurisdiction to confirm the will.
under testamentary jurisdiction, will is probated by the court by administration.
Kumar Doab
(Expert) 05 August 2016
Prefer to proceed further under expert advise of your able counsel.
dr g balakrishnan
(Expert) 05 August 2016
kumar is a great expert pls. go by his great advice pls.
Kumar Doab
(Expert) 05 August 2016
NO,I am a humble and simple member.
Balakrishnan, is great expert and pls follow his great advise.
malipeddi jaggarao
(Expert) 06 August 2016
If it is a dwelling house and single unit, it is always better to have a talk with your sister and her husband and come to a family settlement. They may be willing to give you the compensation if you relinquish your rights under the will. Better to involve family/well wishers to settle the matter instead of rushing to a court in this case.
