UNREGISTER WILL
Harsh
(Querist) 11 June 2011
This query is : Resolved
As per my below mention query,Following are the doubt we have regarding unregistered will.
1) as I already said that person has made a will in his sister's favour who has taken care his family after his wife left him, than if the sister go for probate, than it may be the chance that his wife will challenge the will although she does not have anything to prove but if she is saying adversely in the court than the judge may void this will.
2) It may also the chance that the married elder daughter will go against her (Sister).
Than what is the remedy will available to her.
Please help me out.
Thanking You,
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What is the option available to the lady who is having the WILL, GPA, AREEMENT TO SELL, ETC. (all are notarised) from his brother, if she wanted to sell the house of his brother after his death as per the above documents?
Brother's wife left him after the marriage and all his family responsibility was taken up by his sister with due agreement between them. Brother wanted to register the above documents but he couldn’t perform the same and died. Sister arranges the marriage of one his child through their own expenses. Now, sister is unable to do the same for another child and wanted to sell the property.
Now, Sister cannot take permission from the brother's wife and married girl.
WHAT IS THE REMEADY IN THIS CASE?
IF SHE GO FOR PROBATE THAN WHAT WILL be THE ADVERSE THINGS SHE HAS TO FACE?
prabhakar singh
(Expert) 11 June 2011
IF SHE GO FOR PROBATE THAN WHAT WILL be THE ADVERSE THINGS SHE HAS TO FACE?
ANSWER:she can go for probate,adverse thing in her way may come as objection from some body challenging the WILL.
Devajyoti Barman
(Expert) 11 June 2011
Why are you repeating the same query when it has already benn answered.?
mathivanan
(Expert) 11 June 2011
if the WILL is genuine and fulfills the necessary requirements as per law of succession, you can always go for probate and any objections placed by the protesting parties will find no way. The court will definitely probate the WILL in favour of your sister.
PALNITKAR V.V.
(Expert) 11 June 2011
why the sister should afraid of the objection? Such objections can be very well met, if the will is genuine. If will was there why the POA was executed? And who executed the agreement of sale? If the sister does not stay in Mumbai, Calcutta, Madras etc and stays in moffussil area, she need not have probate also. She can execute sale deed on the basis of will alone. No need to have consent or permission of others.
M V Gupta
(Expert) 12 June 2011
Your later part of the query has already been answered by the experts. Pl see supra. If the will is challenged during the probate proceedings, the sister should be able prove the will by examining the witnesses who attested the will and adduce other circumstantial evidence.
