Will for property and investment
Querist :
Anonymous
(Querist) 25 January 2017
This query is : Resolved
My husband is a Hindu from Maharashtra. He has 2 elder brothers and an unmarried elder sister. My father in law died last year in December. He has left a registered will wherein he has given my husband the ownership of the house in Mumbai also his bank fixed deposits and balance. He has not given anything to my other siblings citing various issues he had with them and the same is mentioned in his will. He laid that till my mother in law is alive she has half right of the house and after her demise full right goes to my husband. The housing society was informed of the will and were asked to transfer the house shares in my husband name. They are delaying. Please advise. Also we are not rich enough to pay probate fees and one lawyer suggested we can transfer the right if the house without probate only if during selling the buyer may insist. We dnt wish to sell the house as it is my father in law's memory.
Please advise how to get the housing society to transfer the share in husband name.
Querist :
Anonymous
(Querist) 25 January 2017
Need advice
Querist :
Anonymous
(Querist) 25 January 2017
My husband is a Hindu from Maharashtra. He has 2 elder brothers and an unmarried elder sister. My father in law died last year in December. He has left a registered will wherein he has given my husband the ownership of the house in Mumbai also his bank fixed deposits and balance. He has not given anything to my other siblings citing various issues he had with them and the same is mentioned in his will. He laid that till my mother in law is alive she has half right of the house and after her demise full right goes to my husband. The housing society was informed of the will and were asked to transfer the house shares in my husband name. They are delaying. Please advise. Also we are not rich enough to pay probate fees and one lawyer suggested we can transfer the right if the house without probate only if during selling the buyer may insist. We dnt wish to sell the house as it is my father in law's memory. Please advise how to get the housing society to transfer the share in husband name.
Guest
(Expert) 25 January 2017
As Per the Indian Succession Act Sec 222 and 276 and Sec 57 Read with Sec 213 Clearly States that Will has to be Probated by Court to make it Legally Enforceable.First Meet A Good Senior Advocate of your Place and Probate the Will and every thing would take place Legally.
Adv. Yogen Kakade
(Expert) 25 January 2017
If the property is located in Mumbai, then the will has to be probated. If the said will is challenged in such process, then the court's order after hearing and verifying such objection shall be final, unless such order is challenged in the appellate court within stipulated period of time.
Adv. Yogen Kakade
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
