sir
raj kumar ji
(Querist) 12 May 2010
This query is : Resolved
Mr."X" HAS A LAND ,AND HE MAKE A "WILL"IN THE FAVOUR OF MR. "Y" NOW THE MR."A"WAS EXPIRED ?NOW THE QUESTION IS THAT ?
1-FRM WHICH DAY THE "WILL" IS FORCED
2-WHT THE FORMALITIES OF MR."Y" CAN HE WANT ANY PROBATE CERTIFICATE ?
3-CAN HE WANT SUCCESSION CERTIFICATE ?
4-CAN HE IS THE OWNER OF THE MR."X"PROPERTY ?
5-OR WHT IS THE LEGAL FORMALITIES OF MR"Y"THEY CAN DO TO PROVE THAT THE PROPERTY ?
PLZ TELL ME SIR THANK U ?
Lalit Sharma
(Expert) 12 May 2010
the will came into force as soon as the X Died. the 'Y' has to take probate certificate from the court to take the ownership of land.
Ashok Yadav
(Expert) 12 May 2010
The will shall be in force after the death of X. If the will is not registered then firstly the Y have to get the Will regd.at concerned Sub Registrar office. (As per Sec. 40 of Registration Act)
If after regn. of Will there is no dispute in regard of the Will Y can get the property mutated in his favour or if there is any dispute in this regard Y have to get probate of the will from competent court.
Virender Pankaj
(Expert) 13 May 2010
WILL shall be in force after the death of X. Y will become the owner of the property by virtue of will. No need of compulsory registration of WILL by Y before sub-registrar after demise of X. No probate certificate is required in Delhi, if there is no dispute with regard to WILL otherwise get probate certificate from the Competent Court.
Judgment : CM (M) No. 265/2009, Sardar Khuswant Singh Vs. Kirpal
Date of decision 12.01.2010 (Delhi High Court)
