Will
GOPAL BHADURI
(Querist) 16 June 2012
This query is : Resolved
My grand mother has made a registered will in my name of the flat which was purchased by her and monthly EMI was paid by her 4 sons.She had 4 sons and a daughter (expired).In the MCD record my father and grand mother are co owner to the property.But in this flat after the expiry of my father we lived in a joint family.The other family members left the house after few years but me and my mother alongwith grandmother stayed.Before the death of my grand mother she made a registered will in my name.Now the 3 other sons are forcing me to sell the property or make them also the member in the flat's record,which i think will make the will a null.
Please suggest me.
Dr J C Vashista
(Expert) 16 June 2012
Obtain probate of the will, no one can seek a share as per the Will.
Dr (Maj) J C Vashista, #9891152939
ajay sethi
(Expert) 16 June 2012
your grand mother was 50%owner of flat as per MCD records. in the agreement entered into for purchase of flat is your father name mentioned as co purchaser of flat;?
if so then your grand mother has no power to dispose more than her 50 %share by will . your father share will be inherited by his legal heirs .
apply for and obtain probate of will .
Shonee Kapoor
(Expert) 16 June 2012
I agree with Ld. Sethi, all four sons are equal heirs for the share of your father.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 16 June 2012
Endorse what Ld.Mr.Sethi says
adv. rajeev ( rajoo )
(Expert) 16 June 2012
on the basis of the regd., will you are the tittle holder of the property. You need not worry,say no to 3 sons. If they filed the suit contest the case because you have got valid will.
GOPAL BHADURI
(Querist) 18 June 2012
Thank you to all for your kind suggestions.
But what is a probate ? And what is the procedure ? Does it involves more than a year to resolve the matter of probate in court ?
ajay sethi
(Expert) 18 June 2012
probate is judicial proof of will . that will is genuine . if will is not conrtested you cna get in one year . if contested may take years
