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Transfer of ownership

(Querist) 05 January 2013 This query is : Resolved 
My Father was the sole owner of a plot in Haryana howwver he passed away but left a will(registered in court) for the house to be sold off and proceeds to be equally divided between my brother and mother. Who will need to sign off as owner when we are selling the plot? Does my Mother become automatic owner as the will states " i authorise my wife to sell the property and divide the money equally. Someone suggested the will to be probated to be safe...is the right advise?

Pls advise
Devajyoti Barman (Expert) 05 January 2013
All of you would sign as Vendor.
Dinesh RAthod (Querist) 05 January 2013
Thanks Mr Devajyoti...is any court intervention required or the Will( which s registered in court) will suffice for us to sign?
Kiran Kumar (Expert) 05 January 2013
firstly the property shall travel to all the legal heirs (as mentioned in the will) thereafter you will be able to sell off the property.

seek help of a local lawyer for documentation
Raj Kumar Makkad (Expert) 05 January 2013
Will is just for a limited purpose otherwise law of inheritance shall prevail in the given case means you all three are equal owner of the house in question so all 3 shall put their signature at the time of sale.
ajay sethi (Expert) 05 January 2013
always advisable to obtain probate . you and your mother are legal heirs


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