Sale on basis of will
rajesh singal
(Querist) 04 February 2013
This query is : Resolved
My father was owner of freehold property in delhi with three floors constructed.
He made(now expired) a registered will with ground and first floor in my favour and second floor with roof to my sister. Now my sister wants to sell 20% of her second floor to me. How can we proceed now.
Is it necessary to probate the will(becasue it takes about 1 year) and after probate order she sell through a registered sale deed to me?
Or She can directly execute a sale deed in my favour(without probate) on basis of will and i pay her consideration amount.
I have another sister who is not given any right in will on this property.
How do i get safe ownership rights in the 20% of second floor and ground & first floor of property in such a situation ?
Please suggest?
Adv.R.P.Chugh
(Expert) 04 February 2013
Dear Querist,
It would have been allright for her to execute a sale deed directly in case there were no other heirs/claimaints, in this case the possibility of the entire property being entanlged in litigation cannot be ruled out at the behest of heirs who are not given anything in the property. It would be prudent to obtain the probate first and then get a clear title of sister's share. However it comes with a rider - do this if you are very sure of being able to prove the will, otherwise it might open up a unecessary can of worms, which would otherwise not happen, for the ousted heir may or may not challenge. Be sure that the will was executed correctly (registration adds to the sanctity) will is required to be proved through the attesting witnesses - make sure they are there willing to depose correctly and truthfully.
Good Luck !
Bharat Chugh
