Will

A KUMAR (Querist) 16 April 2012 This query is : Resolved
My father signed a will in my name(not registered) for House which was allotted to him from l&do in Delhi, now he has expired. He has given right to my mother to stay in the house till she alive. My mother and sister's are not signing the NOC in my favour from the last 5 months I, my wife and son who is 23 years old are living with my mother, at my father house now my mother is interested to distribute the house in 5 shares 3 sister one for herself and one for me but my father unregistered will read like this :-

Few words from my father will

“After the death of my wife my son will be the absolute owner of house and he has full right, title and interest in the aforesaid house to deal with same as he likes. Neither my daughter nor anybody also has any right to raise objection.”

My mother playing lot of tactics with the help of my sister and brother in law’s, so that we vacate our father house.

Now I want to know if she (my mother) and my sisters and my brother-in-law’s can force us to vacate the house.

And for the safety of my family what stand I should take to live in my house peacefully with my mother.

I was mentally harassed by mother words.

Is it possible to stop my sister's interference in my family. My mother say if you won't vacate the house I will make a complaint against you in Senior Citizen bureau.

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ajay sethi (Expert) 16 April 2012
apply for probate of will . who is the executor of will . your mother has only life interest in flat . she cannot divide property contrary to your father wises in will

prabhakar singh (Expert) 16 April 2012
Yes!See a lawyer and apply for probate if any executor is appointed in the will or for letter of administration,if no executor is appointed in the will.

Adv.R.P.Chugh (Expert) 16 April 2012
Dear Mr.Kumar,

You are the absolute owner of the property under the will - only a life interest is created in favour of your mother - with rights only of enjoyment and not disposal - after her - the property vests absolutely in you.

At once :-

i) Apply for probate of will before the Distt. Court/Delhi High - depending on the value of the property if an executor is appointed in the will;

ii) Apply for a Letter of Administration - if no executor appointed.

Feel free to talk!

Bharat
(Delhi)

Raj Kumar Makkad (Expert) 16 April 2012
This is very simple matter. None can oust you from the house property. You even dont require NOC from your family members. You go to the court with the help of your lawyer and make all other members of your family as respondents and get the will probated and then you have no any problem.