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Amit Kumar   09 September 2020

PROBATION OF WILL

My grandfather had made a will in My name. The will is registered but no probation has been done. Can my father sell the properties included in that will? If yes, is there any legal way to stop him from doing so?


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 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 September 2020

If your grandfather is alive, then your father cannot transfer to anyone if the property is self-acquired of your grandfather.  If it is ancestral he has a share with other legal heirs of your grandfather.  If your grandfather is no more, as per the Will executed by your grandfather, you are only the owner of the property and your father cannot sell it.

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Amit Kumar   09 September 2020

Sir grandfather is no more. My father sold a part of land in February that too without our will and permission and we couldn't do anything.

G.L.N. Prasad (Retired employee.)     10 September 2020

You have to take action on the will and get mutation done in revenue records.   If not yet done, contact a local advocate and attend to mutation and also issue a notice to the purchasers.  How your grandfather acquired the property and whether he is having such rights to bequeath it other than his share is to be studied by local advocate.

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Amit Kumar   10 September 2020

Is probation of Will necessary for Mutation?

P. Venu (Advocate)     10 September 2020

You have not posted the complete facts. Please post the material facts.

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Amit Kumar   10 September 2020

My grandfather at his time purchased some land in rural areas and he gave them to me by making a will which was registered in the year 2013. Now, my father sold some of the land in September 2019 that too without my knowledge or my mother's knowledge. Grandfather died in Feb. 2018. Can my father sell them without my knowledge? If yes, then what should I do to protect the remaining property.
If No, then what are the options available to prove the sale illegal?

kavksatyanarayana (subregistrar/supdt.(retired))     10 September 2020

He cannot sell the land as he has no right over the self-acquired property of your grandfather.

P. Venu (Advocate)     10 September 2020

Who executed the conveyance deed? The facts posted are less than convincing. 

Dr J C Vashista (Advocate)     10 September 2020

If the property is located in either of the presidency towns probation of will is compulsory. 

Amit Kumar   10 September 2020

My grandfather executed it. What other facts should I tell?


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