Sale of registered house thru will in the light of recent supreme court judgement.

Querist : Anonymous (Querist) 15 October 2011 This query is : Resolved
DEAR SIR,

OUR MOTHER WHO DIED IN 1989 LEFT THE HOUSE AT DELHI WHICH WAS REGISTERED TO US THREE BROTHERS THROUGH A WILL WHICH HAS BEEN PROBATED BY THE DELHI HIGH COURT.

WE WANT TO SELL THE HOUSE .

WOULD THE ORIGINAL SALE DEED IN NAME OF MOTHER AND A COPY OF HER WILL SUFFICE FOR A VALID SALE OR

WOULD THE HOUSE HAVE TO BE REGISTERED IN OUR NAMES BEFORE SALE.

THIS QUERY IS BEING ASKED IN THE LIGHT OF THE SUPREME COURT JUDGEMENT OF OCT 11,11

REGARDS

VINAY KALA OCT 15,11

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Arun Kumar Bhagat (Expert) 15 October 2011
THE ORIGINAL SALE DEED IN NAME OF MOTHER AND A COPY OF HER WILL & Probate SUFFICE FOR A VALID SALE.

M.Sheik Mohammed Ali (Expert) 15 October 2011
yes, i do agree expert query reply

Sankaranarayanan (Expert) 15 October 2011
yes it is sufficient , but change the title is more value i hope

ajay sethi (Expert) 15 October 2011
the judgement of supreme court has prospective effect . your mother died in 1999 and probate was obtained subsequently of the will . the property has been transferred in your name . you can sell the property

prabhakar singh (Expert) 15 October 2011
Yes ,you have sufficient document of title and can sale.

Sailesh Kumar Shah (Expert) 15 October 2011
As advised, go ahead to sale.

Querist : Anonymous (Querist) 15 October 2011
dear sir,

perhaps i have been misunderstood.

THE PROPERTY STILL STANDS REGISTERED IN THE NAME OF MOTHER , WHO DIED IN 1989 LEAVING THE PROPERTY TO US THREE BROTHERS THROUGH A WILL WHICH HAS BEEN PROBATED.

I REPEAT THE PROPERTY STILL IS REGISTERED IN HER NAME.

THE QUERY AGAIN

CAN WE SELL THE HOUSE ON THE BASIS OF HER WILL AND THE REGISTERED DEED IN HER NAME?

VINAY KALA OCT 15,11

prabhakar singh (Expert) 16 October 2011
Better get mutation done in name of brothers in whose favor the will has been probated.

As regards to sale if there is a buyer
satisfied and ready to the procedure in his name following course left by you, then you can.

Devajyoti Barman (Expert) 20 October 2011
No need for registration your names. The available documents are sufficient for you all to transfer the property.

Querist : Anonymous (Querist) 20 October 2011
dear mr burman

thanks sir

vinay kala

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