Sold property with will but without probate of it

Pradeep Sharma (Querist) 22 December 2014 This query is : Resolved
My mother was owner of one flat at Mumbai since 1988.She made nomination on we two brothers on 1989.She made a will on June 2006 stating 50%-50% rights between we two brothers after her death on june-2009.She met a natural death.The flat was transferred between two brothers.On Feb-2013 our two sisters claimed for property rights.We then sold the property and then applied for probate of the will after depositing the required fees in Mumbai high court.Now our sisters have filed in City Civil Court.We have sold the property on the strength of will but without probate.As per law Rs.75000/- court fees have been deposited.
What is our position as per LAW.

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Devajyoti Barman (Expert) 22 December 2014
I believe in your case taking of Probate of Will is compulsory. So proceed with Probate proceeding and if it is granted the same would be regularised.

Rajendra K Goyal (Expert) 26 December 2014
Let the decision on probating of will come.
The property has been sold and if your sisters file suit for setting aside the sale, they have to prove their share and the case would be decided on the merit.

T. Kalaiselvan, Advocate (Expert) 27 December 2014
Upon grant of probate to the Will by the concerned court in your favor, the suit filed by the sisters will become infructuous,so concentrate on the probate case.

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