Dadi's "will"
Kamal Kamal
(Querist) 02 September 2018
This query is : Resolved
3 brothers and 3 sisters. Area Delhi.
All 3 sisters are married and settled.
2 brothers are married and settled.
1 Brother(divorced long ago) is living in heritage house. His Name is Anuj.
Mother (now no more) Made "WILL" . Mother gave the whole house to Anuj Who is
already living in that house. WILL is Notarized.
In the WILL, it's specifically mentioned that the share of the 3 sisters have been given at the time of their marriage.
Now the Questions :
1. Can mutation be on Anujs Name on Basic of the WILL.
2. Do we Need NOC from all 3 sisters and rest 2 brothers.
3. Is the WILL challengeable ?
4. What is the process to get the selling rights for Aunj. (in Delhi)
5. What is the "Notarized WILL" leagal status/power ?
Thanks in Advance.
Dr J C Vashista
(Expert) 03 September 2018
Presumably mother/son are Hindu and witness(es) are available, sisters have no objection, whereas brother(s) shall challenge the will, get it probated.
How you are concerned with the query if it is a true story, prima facie it is a question paper?
Consult a local prudent lawyer with relevant documents for better appreciation of facts/ documents, analyse and guide/proceed.
Vijay Raj Mahajan
(Expert) 03 September 2018
In Delhi, the Will has to be probated from the Civil court before it can be excited for mutation etc.
No authority will act upon the simple notarized Will and ask the beneficiary to get the letter of administration which is issued by the Civil court after the probation of the Will.
Sri Vijayan.A
(Expert) 04 September 2018
DELHI, BEING A CITY, THE WILL HAS TO BE PROBATED.
iF THE SISTERS OR BROTHERS DO NOT CHALLENGE THE WILL, IT CAN BE EASILY PROBATED.
CONSULT A LOCAL LAWYER IN PERSON.
