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Mithun   14 September 2015

Is it mandatory to probate the will in this case?

Dear Helper,

There is a property under DDA in New Delhi which was owned by Mausa ji (Husband of mothers elder sister). They do not have any children. Mausa ji has two brothers out of which one person is alive. Before his death this property was inherited to his wife through a registered will. She made a registered will in my name before her death. I took care of her during her last days in a different city where she expired. By the time we got back to the original property in Delhi, the basic documents like possession letter, allotment letter, conveyance deed etc were missing from their flat. The documents I have now is the registered will, Mutation done in my name for tax payment and a certified copy of the conveyance deed in the name of my Mausa ji. If I have to sell this property, is it required to probate the will? Please help with your expertise. 



Learning

 4 Replies

Kumar Doab (FIN)     14 September 2015

You may obtain the certified copies of lost documents from DDA,SRO.

It is not mandatory to probate the WILL in Delhi.

Any WILL can be contested. However if the WILL is registered it shall fetch more reliance.

If your name has been inserted in DDA records and mutations then some buyer may agree to buy.

Otherwise and also if WILL is challenged it shall go for Probate.

 

Consult an able lawyer specializing in family, property, civil matters.

Mithun   14 September 2015

Thank You Kumar.

The issue here is that we are not able to obtain the certified copies from DDA as it was freehold back in 2000. We tried our best but seems like they cant find the copies. 

Buyers are insisting for probate as we do not have the certified copies. The will has not been challenged by anyone right now. I am just concerned if any silent spectators raise their voice later. 

Few questions I have are:

Can the will be challenged by anyone (like my uncles brother) without any legal documents?

If we go for probate, what is the expected time line to obtain the same?

What are the prevalent total expenses to get the probate done? 

lavanya   17 September 2015

Mr.Mithun Your uncle's brother can challenge the will as they come under the second class legalheir as per the Hindu succession Act.

Probate  ordered at the concern court depends upon the opposite's response.  If there are no objecrions or negative response the probate may be ordered within 6 months.

 

Kumar Doab (FIN)     17 September 2015

TRY to pursue the RTI route to obtain the copies.

 

The buyer is also right.

The probate of the WILL shall defend the interest of buyer.


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