Raju kumar (chairman) 04 September 2020

About a will written on my name

Sir, i am 42 yrs old. Complete paraplegic, a spinal cord injured. I cant walk. My father written a will on my name the will is in tamil as

"என் காலத்திற்கு பின் என் வீடு எனது 3வது மகன் ராஜா அடைந்து சர்வ சுதந்திர பாத்தியமாகவும் தானாதி வினியோக விற்கிரையங்களுக்கு யோகியமாகவும் ஆண்டு அனுபவித்து

அவன் காலத்திற்கு பின் என் 2வது மகன் பாலுவின் மகன் ஜெகன் அடைந்து சர்வ சுதந்திர பாத்தியமாகவும் தானாதி வினியோக விற்கிரையங்களுக்கு யோகியமாகவும் ஆண்டு அனுபவித்து"

So here the will is in my name & second elder brother son jegan name & jegan is my caretaker. The will was registered in sub register office.

Now me & my second elder brother son jegan, we both want to sell the property & share the amount. But my first younger brother & second younger brother (jegan father) are opposing to sell it & they took the will document.

My questions are:

1) As the will was registered, whats the procedure to get duplicate copy?

2) The will is not probated still now & the property is in my fathers name & my father is not alive now. Can we sell the property directly (without probating) by a sales deed.

3) Does my brothers has legal right to stop selling the property?

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3 Replies

Garry Garry 04 September 2020

first you have to get a copy from registrar office and then as per the will you have to get the property transferred through mutation on your brother and your name. After that you can sell the property.

G.L.N. Prasad (Retired employee.) 05 September 2020

First, obtain a certified copy of the will from the Registrar office. Write a registered letter to the person that has taken your original will to return back immediately. Then contact Legal Services Authority for further guidance in person so that they can study the document, call your brother,s and may be instrumental in getting a settlement without delay and litigation. All this for the ZERO fees Unless the property is divided in metes and bounds disposal is difficult. Before entering into litigation consider the sources at your disposal as entering into ligation is expensive and frustrating.

P. Venu (Advocate) 05 September 2020

The facts posted are incomplete.

"the property is in my fathers name & my father is not alive now." If so, you are not the sole owner of the property; it is jointly vested with all the legal heirs of your late father, you included. You can sell only your share (probably, undivided) in the property.

The Will, whether registered or otherwise, is of no consequence during your lifetime. You have the absolute freedom to deal with it at your discretion.