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vernon (temp)     14 May 2014

Sale of flat by all legal inheriters without transfer

hello


My Father sole owner of flat has died Intestate. The Flat was transferred in Mothers Name. Mother died. No nomination. Will made but not registered. Can flat be sold and money equally divided by all legal inheritors ? What is the procedure.

 

vernon



Learning

 4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     14 May 2014

Though will is not registered it is valid document, if anyone objects, then you have to get probate from the court....

Kumar Doab (FIN)     14 May 2014

Repeated Query:

 

https://www.lawyersclubindia.com/forum/Transfer-to-nominee-102291.asp#.U3NxEkeBmXU

 

David Baker (advocate)     14 May 2014

Registering a WILL is not mandatory. Though not regd, it is a valid document. You would have to probate the WILL in the High Court. If there is no dispute and all beneficiaries agree, you should be able to obtain a probate from HC within a span of 6 months.

however, if there is an objection, thenthe Probate petition would convert itself into a suit and would take donkey years for it to be heard.

MADHUSUDAN G R (Advocate)     30 May 2014

What does that will say?  Is it agreeable to all?  If agreeable, no dispute,  you will hv to probate the will.  If there is a dispute, then as rightly said by our colleague it will take doney years.


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