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Ananda (Farmer)     21 November 2012

Will

My mother had bought a house in which I am currently leaving. She expired in year 1997 leaving a unregistered but notorised will as she was suffering from Cancer. I have 3 elder sisters. Based on this will, i got the house katha transferred to my name in 2003. My sisters were aware of the will and they are also aware that the house katha is transferred to my name although there is no legal notice or anything sent to them about the will. My questions here are:

1. Can my sisters include this house also in case if the file partition suit with other properties?

2. If they file partition suit with the house included, do i have to prove the will since it is unregistered and i am benficiary of it ?

3. Since they knew that house katha has been in my name since 2003 onwards based on will does the Limitation law helps me in anyway?



Learning

 2 Replies

Goutam Prasad (Advocate)     22 November 2012

If your sisters include your house property acquired by you through said WILL, you can file application for objection for the same and file suitable WS seperately.

WILL registered or non registered have equal value, hence you need not get your self disturbed for the same.


If the said house was self acquired property of your mother, then she had every right to prepare WILL for the same, hence you need not worry. But, if it happened to be parental property, then you can be in troble becauase your mother did not have right to execute WILL.

For appropriate advice complete details are required.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

1 Like

surjit singh (Assistant)     22 November 2012

Mr Prasad is right, but It may happen that  you may have to file a probate case concerning the will.


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