Nikhil SHETTY 29 March 2021

challenged will

if a will is registered on a property and challenged on a court ,as it takes long time to get probate certificate till then how is eligible to claim rent and enjoy the monthly benefits? until the title is Dediced

some please explain in clearly?

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 29 March 2021

If the property which is written in Will is given on rent, one of the legal heirs of the deceased may collect the rent only. But you should not transfer the property in any way until the case is disposed.

Nikhil SHETTY 29 March 2021

in this case suppose the will is written on grand son name, after the death of the owner the children quarrels and forces that the rent should be collected by them, if there is a MI'ss understanding between grandson and owners children? how does it work?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 30 March 2021

Direction of the Court is to be sought as to how the mobthly rent is to be dealt with. Should it be received by the beneficiary named in the Will or to be deposited in Court.

Nikhil SHETTY 30 March 2021

sir, I mean to say that the time duration between the death of the owner till the date of probate is issued, for example if the issuing probate certificate takes 3years on a challenged will, for this 3years period of gap who is eligible to enjoy the monthly rental benefits?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 30 March 2021

You have mentioned that the Will was challenged in a Court of Law and therefore the clarification was given as above. You may post exact details cogently so that members of this forum can understand the issue.

Dr J C Vashista (Advocate) 31 March 2021

During pendency of the probate petition get a court direction for the tenant to deposit the rent in Court or mutually agreed bank account.for withdrawal after delivery of judgment on the case.