Will
Hitesh Rughani
(Querist) 03 October 2011
This query is : Resolved
A joint property of Husband and wife. Husband died with will in favour of his wife but wife has not invoked and she died with her will in favour of her Brother. Brother has invoked her will and get probate but Department questioned about will of husband.
What is remedy to get 100 % title in favour of Brother?
Arun Kumar Bhagat
(Expert) 03 October 2011
Ascendants of the husband shall get his 50% share.It shall be governed by Succession Act.
Hitesh Rughani
(Querist) 03 October 2011
Thanks. there is no ascendants of the husband.
prabhakar singh
(Expert) 03 October 2011
before any body becomes able to guide you properly would require to get acquainted with following facts::
1]Is the WILL by husband is registered/unregistered,and what is this date of will.???
2]has this WILL of husband got a mention in her WILL in favor of her brother????
3]the date of death of lady?????
4]the reason why she could not obtain the probate?????????????????
5]which department is involved?????????????????
Hitesh Rughani
(Querist) 03 October 2011
1. unregiered
2. no
3. after husaban 2008
4. lac of knowledge
Hitesh Rughani
(Querist) 03 October 2011
1. unregistered
2. No
3. after husband's death in the year 2008
4. lac of knowledge
Hitesh Rughani
(Querist) 03 October 2011
city survey to change the land records
Hitesh Rughani
(Querist) 03 October 2011
A joint property of Husband and wife. No child and No relative of Husband. Husband died with unregistered will in favour of his wife but wife has not invoked and she died [2008] with her will in favour of her Brother. Brother has invoked her will and get probate but Land Revenue Department questioned about will of husband.
What is remedy to get 100 % title in favour of Brother?
R.Ramachandran
(Expert) 03 October 2011
If there are no relatives of the Husband then his share in the property will go by way of inheritance to his wife. Therefore, even without probate of the WILL, she is the 100% owner of the property and if she had bequeathed the same in favour of her brother, there should not be any difficulty in the brother getting the same.
prabhakar singh
(Expert) 03 October 2011
just suppose if no will was there then on death of husband his sons daughters mother and widow would be legal heirs simultaneously.In your case out of these widow was left as heir by the husband having no son,daughter,or mother but only widow.
This way the widow who was co owner of 1/2 with husband,even in absence of will,as per section 8 schedule CLASS I BECAME SOLE OWNER OF FULL.
Then she has written the WILL as full owner IN FAVOR OF HER BROTHER.
The application and affidavit to be moved by brother before department concerned should STATE that husband and wife WERE co owners of 1/2 each. That the husband died [date]leaving behind him his WIDOW only legal heir according to section 8 schedule class I heir of hindu succession Act,who after so inheriting became absolute owner and possesses of the whole of the property TESTATED a WILL in favor of applicant being her brother and applicant applied for probate which has been duly granted in his favor by the court and as such the applicant is entitled to get his name mutated in the records.[attach the true certified copy of probate]file an affidavit also.SAY THEM SHE GOT BY INHERITANCE AS PER LAW FROM HER HUSBAND AS SHE WAS ONLY HEIR..
prabhakar singh
(Expert) 03 October 2011
HAVE YOU TOLD THEM ABOUT ???? Any way Land Revenue Department CAN NOT question about will of husband BECAUSE EVEN IF THE SAME IS NOT THERE OR THE SAME IS NOT PROBATED THE WHOLE OF HUSBAND'S SHARE IS DEVOLVING UPON HIS WIDOW ALONE.SO IT WAS WIDOW CHOICE WHICH WAY TO CLAIM????
Hitesh Rughani
(Querist) 03 October 2011
Land Revenue Department suggested to have a citation of court of law, if any, available.
Thanks gentlemen.
Raj Kumar Makkad
(Expert) 03 October 2011
There is no need for any citation as wife became absolute owner of entire property who bequeathed the same by way of her will in favour of her brother so there is no legal hurdle to mutate entire property in his favour.
J K Agrawal
(Expert) 05 October 2011
No probate is required in this case.
Just file a suit For declaration before the proper officer. (Generally Sub Divisional officer of assistant Collector Revenue)
Hitesh Rughani
(Querist) 05 October 2011
to file a suit for declaration ? I can not understand .. Please explain Mr. Agrawal.
