LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


How to change Property details in Will as old property sold, and get Property ownership also changed

Old property divided by father among 2 sons. Exluded his daughters specifically in that will. That property sold, but will still in hand. The new property details not updated in that will.
Can sons mutually get the details of new property ownership changed in their name which are now in their father's name ?
Also, can daughters claim any share in this new property though specifically excluded in the will of previous property?
Note - Father died in year 2000
Please share any judgement in support would be helpful, thanks


 12 Replies

Aniket Giri (ADVOCATE)     24 July 2020

Property Details are not required to be updated in the will. On obtaining the probate of the will, the sons can record their respective share with the local authorities.

So sir, the probate will be considered as per last intention in the will or the daughters will have their say in the new property as the will excluding daughter have details.of old property? What does law say as to the intention of the will writer ? can daughters get any benifits of this issue?

Rohit Sonavane   24 July 2020

daughter can claim her share in the new property which is excluded in the will.

So the intentions of will writer and actual owner of the property will not be considered by the court? is it immaterial that he had categorically will reason excluded his daughter in the will, still she has say in property?

Aniket Giri (ADVOCATE)     24 July 2020

I missed out your one point. If any property isn't mentioned in the will then the legal heirs will be entitled to them. However, in certain cases in the Will it is mentioned that all future properties will be the part of the will. So this depends on the language of the will. To be the absolute owners you need to obtain the probate.

I agree to your point sir, but if there is no contrary intention or will, and there is only one will clearly excluding the daughter in that property, won't that intention of the owner be considered in the court, overlooking this small procedural lacunae of not updating the adress in the will ?

Aniket Giri (ADVOCATE)     24 July 2020

That's a matter of trial and argument. Generally if the will is silent about any other future property, the benefit will be availed to all of the legal heirs.

Yes sir true, and does the fact that the daughter have not made any intention in property, and only sons are staying in the new property since 20 years on it, make any difference ? is there any limitation period to rais claim over property?

Aniket Giri (ADVOCATE)     24 July 2020

It seems that you have not have taken any legal help for obtaining the probate. A property through legal inheritance can be claimed even after years, but not filing a case for obtaining the probate even after 20 yrs of demise of the testator will surely raise suspicion with regards to the will.

The fact that the will is Registered! does raise any issue at all and I have taken a second opinion on this fact. The only concern here in last comment was, whether time is a factor or not, to which tou have answered, thankyou.

Mani Kanth   24 July 2020

my grand father property was sold by my dad without my permission and signatures even IAM Major on that date do I have right to complaint against that property.That property is ancestral property

Emmal21   06 September 2023

Any court enforcing a judgment may order the attachment of property, list the necessary portion of it for sale, and pay the proceeds to the judgment Holder (DH) trap the cat in order to meet the decree. This authority is granted under Section 64 of the CPC. The sale must be limited to the appropriate amount of the property. The linked property will be examined by the court, which will then decide whether the entire property or only a piece of it needs to be sold to pay the decree. Only the fraction required to fulfill the decree must be put up for sale by the court. It is a matter of duty rather than choice. Excessive execution is both unlawful and unjustified.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register