Non probate of a will
Bharat kumar
(Querist) 22 August 2012
This query is : Resolved
My widow mother has prepared a will for her house in name of her two daughters( No son), although we are the legal owner after her death.The will is duly Regd. Is it necessary to effect probate for ownership of the house after death of my mother, even if we get occupancy without any trouble?
One out of two tenant is occupying one portion since last 30 yrs without any agreement and also not increasing rent than 2000/- PM since last 15yrs. can he claim any right on home?
How can he be evicted?
UDB
Devajyoti Barman
(Expert) 22 August 2012
Tenant is debarred by the rule of estoppel in challenging the title of landlord.
You can file suit for their eviction on the ground of bona fide requirement.
If the original Will is lost, you can apply for Probate on the basis of its photocopy or certified copy.
Adv.R.P.Chugh
(Expert) 22 August 2012
I endorse what Ld.Burman Ji has said. He won't become the owner by any length of possession. Paying Rent is adequate proof of his tenancy. He cannot claim himself to be the owner. If he denies your title that in itself would lead to forfeiture of his tenancy as per provisions of the Transfer of Property Act.
Also specify the state which you belong to as all states have different rent legislations. You can always claim property on ground of bona fide requirement. If the tenancy is not a protected one (for eg : tenancies fetching above Rs.3.5 thousand per month rent) no ground is required and eviction can be had by serving a simple 15 days notice.
Good Luck !
Regards,
Adv. Bharat Chugh
ajay sethi
(Expert) 22 August 2012
advisable to have probate done . it is judical proof that will is genuine . it will help you in the vent any disputes arise in future .
as far as tenant is oncerned file suit for eviction as advised by experts
Bharat kumar
(Querist) 23 August 2012
Respected sirs,
Thanks for the reply. As desired by Adv Bharat Chugh sir, It is to intimate that the property is situated in PATNA, Bihar.The Original Will is very well available with us. I had just asked that If I do not have any problem from any side & I get the ownership of the house after death of my mother(70yrs Old), without any difficulty, then is it necessary to go for probate?
Actually I was feeling to be away from court as much as possible.
He is always boasting that I am living since last 30 yrs and will become owner as per law. But now I am satisfied by your answer.
I have given msg on mobile ti increase the rent,& waiting for his confirmation.
Thanks once again for the help.
UDB
Devajyoti Barman
(Expert) 24 August 2012
The file a suit for eviction. You can apply for Probate but that is not the criteria for filing eviction suit.
