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Rohit Seth (own)     11 May 2012

Property ownership

Some years after India’s partition Mr. A acquired a piece of land in Delhi and built ahpouse. His wife died and he had 2 sons and 1 daughter. Later A three story house was built on the land in 1980s, essentially by the money pooled in by the sons. He prepared a Will in 1997 bequeathing the floor wise ownership to his 4 sons and stating the exclusion of daughter from this property. This Will was witnessed by his son in law (the excluded party’s spouse) and one son (alive and a beneficiary in the Will). The property was then converted to a freehold ownership of Mr. A in 1999. Mr. A died in 2001, his elder son and son in law are also dead.

The younger son and legal heirs of the elder son now intend to either (a) sell the property as it is or (b) have independent ownerships as per the Will. However, they envisage complications from the daughter and her legal heirs.

Please advise the way forward to achieve the desired targets (a) or (b). Any support from daughter & her family are ruled out. Also, what happens when the daughter is no more?



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 May 2012

Dear Mr.Seth,

Since it was the self acquired property of A. He could have dealt with it absolutely in any manner, by gift/will or otherwise. For the will to take effect and the property transferred as per the intention of the testator with necessary mutations - a probate/Letter of Administration be obtained to make out a clear title and ensure no challenges in future. After probate is obtained the property would stand as per testator's wishes. If any son predeceased the testator - that portion of the property would come back to testator - and on his death that portion would go by inheritance with daughters taking equally within that share

Rohit Seth (own)     11 May 2012

Dear Sir,

Thank you for your advise.

As I understand Will probate will require concurrence of the daughter also, which is not likely to come. What options are available in that case.

I mentioned that one witness to will has since expired and the other is a beneficiary himself. How will this effect the probate process.

How do you compare filling of a Declaration Suit by the sons and their legal heirs against Will probate. What is likely to happen easily & sooner.

Can the beneficiaries of the Will sell the property without probate or registration in their names, based on the Will.

Lastly in this case what will be the rights of daughter's children, after death of the daughter.

Regards,

Rohit Seth


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