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Aks   14 May 2017

Inheritance of unregistered flat

A flat was bequethed to me in my father's last will.  Probate is getting delayed due to Executors refusal to probate.

my father got it constructed thru a bulider ..but never registered for 30 years. Sale deed and construction deed are available.  Both parents lived in the flat for over 30 years until they died.

(1) Can the Will be sent to get probated on the basis of sale and construction deed only ?

(2)Do I have any responsibility before the probate of the Will ? No one is administering the estate as executors declined. Accountant says he was just an accountant and has no responsiblity. How should I proceed ?



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 4 Replies

saravanan s (legal advisor)     14 May 2017

1. No 2. If the executor is not willing to probate the will then the beneficiary of the will can apply for probate.take the help of a lawyer

Advocate Ravinder (Advocate/Attorney)     14 May 2017

Put a petition before the court. Court will probate your will. 

Dr J C Vashista (Advocate)     14 May 2017

No need to get the will executed, obtain letter of administration in probate case from district courts.

Aks   14 May 2017

Thanks.

We are in process of filing a petition for letter of adm with Will annexed.  But, all we have is original  construction and sale deed from builder given in 1987. Parents lived in the flat until 2016 (until their death)  Father's Will gave the flat to me. The title deed is not traceable as flat was never registered by builder. The builder got caught in some big fraud and his company failed.Can not find any remnants of builder/promoter or his heirs.

Can I just attach construction and sale deeds and property tax payments proof and file for letter of adm?

 


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