Legal right-on wills
Ranganathan
(Querist) 04 March 2012
This query is : Resolved
My mother left residential property to my father by unregistered will in 1968, witness by my three sisters. On her death in 1969 the property was transferred to my father and enjoyed by him till his death in 2007. He bequethed this property to me & my brother by regd will dated October 1987. Both the wills were decreed exparte in our favour in 2010 by Munsif court and witness to signature of mother was not examined as genuineness was not in question, but original of Fathers will was lost. Buyers advocate says this decree is questionable by sisters in case of sale and they should be a parties to sale agreement. What is the position and what to do further - Thanks
adv. rajeev ( rajoo )
(Expert) 04 March 2012
When it is decreed and even if your sisters are challenged the wont get any share because property is tranferred to you by regd., will. You will get the certified copy of the regd., will in the sub registrar office.
Adv.R.P.Chugh
(Expert) 04 March 2012
Dear Querist,
After the wills have been probated ex parte - you stand to be the absolute owner - and can transfer the same without any glitch.
Raj Kumar Makkad
(Expert) 04 March 2012
Your mother had expired in 1969 so even if your sisters really opt to challenge, they have lost their legal right due to passage of time. You and your brother are now absolute owners to the property and the presumption of the counsel for the buyers is not tenable before law.
Ranganathan
(Querist) 04 March 2012
Thank you all
Ranganathan
prabhakar singh
(Expert) 08 March 2012
I wonder How any of us can presume that your will was probated???
A suit in Munsif court decreed exparte is the fact stated by you but you have not stated what for the suit was and who were the parties in the suit???
If sisters were also party in the suit???If not how can any decree,exparte or even on merit, of any suit proceedings be binding on some not party to the case.
It is true that a PROBATE JUDGEMENT IS JUDGEMENT IN REM AND BINDS WHOLE WORD but your stated facts does not suggest your case was a probate proceedings for will.
Ranganathan
(Querist) 08 March 2012
Dear Sri Singh
1. the suit is for declaring the regd will of my father which was lost in transit.
2. all the sisters were the defendants parties as they were witnesses to the unregisterred will of my mother.
3. they are aware of the contents of my mothers will and on her death the property was passed on to my father and enjoyed by him from 1969 to 2007 which fact is all known to them.
4. as none of them expressed in writing that they were interested in contesting the case, one sister appeared through an advocate but preferred to be absent on the final hearing date.
Sorry for not having briefed in detail earlier. Now what is the position and what is the recourse? Thanks - Ranganathan
Ranganathan
(Querist) 08 March 2012
Sir
Please read Para 4 to as all of them expressed in writing that they were not interested in contesting and another sister absenting on final hearing, through her advocate.
Sorry and thanks
Ranganathan
