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anononymus (Business)     03 September 2010

Probate of the "WILL" in Delhi

Is probate of   notarised but unregistered  " Will"  essential in  respect of  L&DO property  located Delhi at the time of  its mutation / transfer in favor of  its legal heirs?

Consider a case, the property was bequethed in the last and final "Will"  by the father to his son and and his daughter. The property was neither mutated nor transferred in the names of the son and daughter for years.On the demise of the son, his wife created a dispute with her husband's sister about the legality/ genuineness  of the unregistered "WILL" Both the witnesses of the WILL have meanwhile expired. What is required to be done by the daughter to rubbish the claim of her brother's wife. Fortunately , the gaughter is in posession of the half of the property in question..   

 



Learning

 6 Replies

Mugundhan (Lawyer)     03 September 2010

Probate is essential if the will is executed in metropolitan cities

adv. rajeev ( rajoo ) (practicing advocate)     03 September 2010

Go for declaration suitl.

Deekshitulu.V.S.R (B.Sc, B.L)     03 September 2010

Mr. Mugundhan is right. for knowing what are the metropolitan cities, refer to The India Succession ACt.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     03 September 2010

Dear Querist,

 

The right course appears to be Will to be probated since daughter is already in possession.

 

Rabin Majumder

Advocate & Attorney

For Nu.Delhi.Law.Fora

R.Ranganathan (Advocate)     05 September 2010

Sorry to differ with the experts. In the query the date of father is missing but it is stated long ago. Further son also died. Under these circumstances there is a long delay in getting the Will probated. Now let the persons enjoy the property as per the Will and as per their possessions. Let the person disputing the Will approach the court, then you can defend it easily.

sanjay mundada (legal advisor)     08 September 2010

posession is with daughter ,collect all proof of posession and continue.ur are deemed owner by the way of wiil.till it is not declared void by hon.court

.also note it is not necessary for will to register at subregistar

and though witness not available ;Notary is available for you.


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