heir not consenting
yogesh
(Querist) 05 May 2009
This query is : Resolved
my father has appointed me as executor and major beneficiary in his will dt 8-6-2001. he expired on 3-8-2001.will was subsequently registered post death on 4-2-2003 at mumbai. for father's half share in a flat at ahmedabad i applied to apartment owners' association to transfer fathers' share in my name on basis of will. instead of giving consent my younger brother falsely asked society not to transfer flat without his consent saying that father has died intestate.when i have given registered will why can society not transfer deceased's share without brother's consent? my father has kept brother out of his estate as his behaviour was very rough with him. i have proof with me on record of my brothers's acceptance and awareness of father's will.
adv. rajeev ( rajoo )
(Expert) 05 May 2009
Ur faher died on 3/8/2001, will is registered on 4/2/03. first of all how it is possible to register the will after the death of ur father. The registration itself is suspicious.
Even on the basis of the will if u filed suit for declaration, on the ground of regisration itself affects ur case.
While registering the doucment the executor presence is necessary, without the executor of the will how the registrar regd., the will.
Ur brother have got good grounds to challenge the will.
yogesh
(Querist) 05 May 2009
will can be registered anytime after death of testator by executor.
Y V Vishweshwar Rao
(Expert) 05 May 2009
Yes ! Wiil Deed can be Registered after the death of Testator -under Section 40 & 41 (2) ( b) of Indian Registration Act 1908 .The Sub Registrar to enquiry and to satify that the Will was duly executed by the Testator and there after SRO can Register the Will Deed.
Y V Vishweshwar Rao
(Expert) 05 May 2009
You can file suit for declarion and consequential relief of direction to the Society to transfer the share in their Registers/ to change your name/ on the basis of the Will Deed . The suit to be agaisnt Your borther, and other family members and the Soceity .
