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anononymus (Business)     15 August 2010

Legal rights of a WILL

M. X  passed on the ownership of the ground floor of his self owned,  leasehold property in New delhi area to his daughter  and the first floor passed on  to his son through a "WILL". Ten yers have passed since the demise of Mr. X but the son keeps on delaying mutation proposal of the daughter on one pretext or the other. The son and his family are in possession of the first floor over the last 15 years, while the the daughter got the posession of the ground floor for the last two years only after the demise of her mother ie wife of Mr. X.. My questions are:

1 What could the motives of the Son in delaying, mutation proposal of the  the daughter in respect of their  respective  specified share in the properties according to the last  and the final "WILL" of their   father.

2. Can the daughter of Mr. X  get the mutation of  the ground floor i.e her share done without obtaining NOC from the son of ie her brother ?

3. As on date, the property still  stands in the name of Late Mr. X,  for the last 10 years,  can the son of Mr. X his wife, his children can create dispute over the legality of the   " WILL" in so far the share of the dayghter Is concerned. Please advice as to how the daugghter of Mr. X  should deal with the Son of Mr. X in this matter to safeguard her interests in  the said property. Tanking you in adbvance.  



Learning

 1 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     15 August 2010

Dear Querist,

Having perused facts, I am following opinion in the matter:

 

To Q1: Answer may be anything known to the SON himself. Probable could be frustrating the legitimate claim of the Daughter.

To Q2. The Daughter can do so. Ask her to probate the WILL.

To Q3. In addition to putting the WILL on probate, the Daughter may also file suit for declarartion of rights, title & interest in the property in dispute.

 

Trust this would be fine.

 

Rabin Majumder

Advocate & Attorney

For Nu.Delhi.Law.Fora

New Delhi  


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