Will
Adv. khojraj Dhanraj Nerkar
(Querist) 02 March 2012
This query is : Resolved
'A' died after registering will and bequeathed a immovable property to his 2 sons 'B' and 'C'
'B' and 'C' entered their names in the 7/12 extract mutation is also certified.
whether title of the immovable property is totally passed to 'B' and 'C' ?
or any proceeding is remaining for clear title ?
whether sister of 'B' and 'C' can do any problem to 'B' and 'C'?
whether in this case Probate and or letter of administration is necessary?
ajay sethi
(Expert) 02 March 2012
you should have obtained probate of will if you apprehend sisters may create problems .
file application for probate and prove the will since sisters may claim share of the property
Kirti Kar Tripathi
(Expert) 02 March 2012
If the property was self acquired property of the deceased person, then no hindrance would arise. if it was ancestral, the will can be declared illegal and other legal heirs can claim their rights in it.
Adv. khojraj Dhanraj Nerkar
(Querist) 02 March 2012
thank u very much,further, whether in non metropolitan cities is it mandatory for getting probate of a every will?
V R SHROFF
(Expert) 02 March 2012
Obtain Probate, to avoid any future litigation from 2 sisters. Otherwise it's all OK.
Raj Kumar Makkad
(Expert) 02 March 2012
There is no need to obtain probate in the given facts as the property is situated our of metropolitan city and was self acquired property of deceased testator so the tiled has duly been vested in favour of B & C and their sister can do nothing.
prabhakar singh
(Expert) 04 March 2012
Probate is not a legal necessity in all non metropolitan cities.you should check it.Mutation done on the basis of the WILL is
sufficient to pass on title of the testator to his sons.Daughters have no claim as the property was self acquired.
Even for ancestral property such a WILL shall be legal and valid to the extent of share the testator had in the property.
