Unprobated will after death

G Krishnamurthy (Querist) 30 January 2016 This query is : Resolved
Will is registered by a deceased person before her death. Property is used by her relative who does not have any legal right on the property. In the will deceased person clearly stated that after her death the immovable property has to be transferred to some other relative other than the person who presently lives in that property. Whether the person who lives now is forced to vacate the propert, if you he will is probated?

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Kumar Doab (Expert) 31 January 2016
The beneficiary in the WILL shall be the owner.

The WILL can be submitted to the authority under whose jurisdiction the property falls for mutation.

The owner can evict the occupant.

A. A. JOSE (Expert) 31 January 2016
Yes the property has to be got mutated as per the WILL and the beneficiary accoding to the WILL will be the ultimate owner of the property who can get the property evicted by the present occupant, if necessary.