UNREGISTER WILL
Harsh
(Querist) 11 June 2011
This query is : Resolved
What is the option available to the lady who is having the WILL, GPA, AREEMENT TO SELL, ETC. (all are notarised) from his brother, if she wanted to sell the house of his brother after his death as per the above documents?
Brother's wife left him after the marriage and all his family responsibility was taken up by his sister with due agreement between them. Brother wanted to register the above documents but he couldn’t perform the same and died. Sister arranges the marriage of one his child through their own expenses. Now, sister is unable to do the same for another child and wanted to sell the property.
Now, Sister cannot take permission from the brother's wife and married girl.
WHAT IS THE REMEADY IN THIS CASE?
IF SHE GO FOR PROBATE THAN WHAT WILL be THE ADVERSE THINGS SHE HAS TO FACE?
Devajyoti Barman
(Expert) 11 June 2011
Under the present circumstances the sister can either on the basis of POA let out the property and out of its benefits can raise his children.
Alternatively ca she can also apply for Probate in the meantime. However the wife of the brother being one of the legal heirs needs to be served with Citations and she after making appearance can challenge the genuineness of the Will and till it is decided she may not use it for profitable gain.
PALNITKAR V.V.
(Expert) 11 June 2011
I had requested the author to give certain details. Those are awaiting. One doesnt know what is will, what is agreement to sell and what is POA? If will is in favour of sister, why she needs permission of others?
