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Manoj Singh Sumania (Manager- Fianance & Legal)     06 November 2014

My uncle's property

My Uncle (my father's Brother in Law (Jija ji)) has a personal property which is in name of my Uncle's only who has expired 4 year back without leaving a will but leaving her widow my Aunty. He has no children but he has adopted my younger brother but he is not taken legally and my brother has showing his father same to my Father in all documents. 

 

In last year 2013 my Aunty has also expired leaving a will (unregistered) in favour me and my brother equally perportion. This property is having Ground + 2 floors out of which Ground Floor is in possession of my Uncle/his son (my father's younger brother) who is not leaving this property and having an illegal possession on same since 1971. When we asked him to vacate it they are threatening us. They had fight with us two three times. 

 

During his/her life time My Uncle & Aunty has continued to ask him to leave the property but he has not vacated it. We have taken care of our Uncle and Aunt since our long for their financial and medicals problem as we were leaving together.

 

I am attaching herewith copy of will which is left by my aunty for your ready reference and 

I request you to please guide us procedure of getting possession of Ground Floor.

 

Request for your help and suggestions so that we get the possession.

 

Regards

 

 

Manoj Singh Sumania



Learning

 4 Replies

M V Gupta (Advocate)     06 November 2014

In the will it is clearly stated that your father's younger brother was allowed by ur Aunt as mere licensee to  occupy the grd floor premises. Hence as jt owners under the will both urself and ur brother may issue a Lawyers notice revoking the license granted by your Aunt and  if the licensee does not vacate by the time given in the notice file suit or eviction. One more important point is that u should get the will probated immediately as this is mandatory under law in respect of wills executed in Delhi. 

Manoj Singh Sumania (Manager- Fianance & Legal)     06 November 2014

Dear Sir,

 

Thank you very much for reply, please aslo advice can this will be probated as this is not registered and having only signature on last page only.

 

Regards

M V Gupta (Advocate)     06 November 2014

Wills need not be registered nor stamped. They can be written on plain paper. It will take at least six to ten months to get the will probated.

Manoj Singh Sumania (Manager- Fianance & Legal)     06 November 2014

Dear Sir,

what will be probate court fees in Delhi whether it is based on Property value or fixed slab wise, what documents needs to be required for Will Probate.

After probate can able to transfer property in our Name, as the same is in my Uncle's name only, Electricity Bill all property related document comes in his name only. 

Please advise.

 

Regards

Manoj Singh


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