transfer by will

anish (Querist) 07 May 2009 This query is : Resolved
my mother expired 3 years back leaving behind a will. will is registered. since her property was not in metro city they were transfered in name of legatee on the basis of registered will. my elder brother was left out of will due to his bad conduct with mother. he now plans to create nuisance by legal threats. in the end i can prove genuineness of will but durind interim period what is the status of property already transfered as per her will. it will be in possesion of transferee? can i go to local court in nagpur to get a probate now so that in future no one can challenge will.

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adv. rajeev ( rajoo ) (Expert) 07 May 2009
When there is a will exeucted by ur mother then u r the absolute owner of the properties. Ur brother cannot make any threat to u. If u want to go to the court then u file declaration suit that on the basis of the will u r the absolute owner of the properties. Once itz declared then no one will challenge. Burden lies on u to prove the will, u have to lead the evidence of the scribe and at least one wittensess signed on the will.

arunprakaash.m. (Expert) 07 May 2009
transfer is valid in law.

Y V Vishweshwar Rao (Expert) 07 May 2009
I do agree with Sri Rajeev S Vadrali !

anish (Querist) 07 May 2009
but till i prove will, court will not put a stay on sale or developement of already transfered property ?

Y V Vishweshwar Rao (Expert) 07 May 2009
As suggested by Sri Rajeev S Vadrali advocate , you can file a case and seek the injunction restraing you brother from interferign and also from selling the proerty .

H. S. Thukral (Expert) 07 May 2009
As per Indian Evidence Act an unproved can be called in evidence. To seek injunction against interference in the property by elder brother, proving of will is must. I will suggest to read the judgment of Keral High Court which elaborates the issue :
Paranru Radhakrishanan v Bharatan
1990 AIR(Ker) 146

Swami Sadashiva Brahmendra Sar (Expert) 08 May 2009
agree with mr. Rao.

n.k.sarin (Expert) 08 May 2009
I think you must go for probate, to finalise all the future dispute.probate court has jurisdiction to issue temporary injunction during the pendency of the suit.