Sold property with will but without probate of it
Pradeep Sharma
(Querist) 27 November 2014
This query is : Resolved
My mother purchased property at Bihar in 1964 and sold it on 1987.She purchased 1BHK flat on 1988 and nominated me and my brother in 1989 which society accepted the nomination on record Flat situated at Mumbai.My mother made a will in 2006 before two witness and after taking doctor medical fitness certificate in which she distributed 50%-50% between two brothers the flat.She met natural death in 2009 and we made application for transfer of flat in the year 2010 and same was done by the society members.
We both brothers agreed to sell the flat due to shortage of space since childrens were grownup.
In 2013 my elder and younger sister demanded for share against sale of flat.
We have applied probate for will.But Sold the flat
Now my two sisters have filed case in civil court against us
ROHIT SHARMA
(Expert) 27 November 2014
1. A Will made by a Hindu need not be probated.
2. Let them file the case. It will not survive.
3. Keep the Will (original) in safe custody.
Rajendra K Goyal
(Expert) 27 November 2014
If the will is valid even if it is not probated. Your sisters have weak case in their favor.
Hemant Agarwal
(Expert) 28 November 2014
1. IF the property is in Mumbai, THEN the unregistered will needs to be definetly be duly "Probated", else the "will" is only a simple paper.
2. Whereas IF the Mumbai Property is already sold, THEN the other claimants do not have much scope for litigation, in the Civil Court, which could drag on endlessly
Keep Smiling .... Hemant Agarwal
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