will
harpreet
(Querist) 20 December 2010
This query is : Resolved
my grandfather left a registered will in my and my brother favor in which he gave his self acquired house to me and my brother. now after his death do i have to get a probate from the court or can i sell the house without the court interference. my uncles i.e other childern of my grand father are against it and we have a dispute. but the will is absolute registerd in sub registerar office where my grandfather went and was photographed and was witnessed. this is his first and last will.
kindly advice me.
thank you
M.Sheik Mohammed Ali
(Expert) 20 December 2010
self acquired property can any one transfer through will, so you can sell as your wish, with out intimation to any one. but you have proper proof of will
adv. rajeev ( rajoo )
(Expert) 20 December 2010
When there is a regd., will in your favour you can sell the property to any body. If will is challenged in the court then burden lies on you as well as other side to prove will is invalid with cogent evidence.
Sachin Bhatia
(Expert) 20 December 2010
You can sell the property without getting it probate.
M V Gupta
(Expert) 21 December 2010
It depends on the purchaser of the property. He may insist for the probate.
Swami Sadashiva Brahmendra Sar
(Expert) 22 December 2010
If you have got the property mutated in your name and no suit against you has been filed in this regard, you can sell it.
