lawyers friend (na) 12 August 2010
Hi,
In case a person had created a will and got it registered but no probate, make his wife the legai heir ,is it possible for the wife to sell the property or transfer it to her son ,after her husband death ?? the scenario here is that she has three sons, out of which one of them is not staying with her for almost 30 years..so if the wife sells the property or nominate her son who is staying with her as the legah heir..can the other son object the will ??
lawyers friend (na) 12 August 2010
| Originally posted by :vikas bansal | ||
| " |
Can the will be challenged on the basis of having no probate..whats the actual role of probate in case of a will.. What is the way by which we can make a will unchallengable by any legal point of action? |
" |
raj kumar ji (LAW STUDENT ) 12 August 2010
dear vikas first off all u know that the will is inforced after the death of testator (will writer ).if ur father make a will or it is registered .and the property of ur father self earned hey can dispose there property as he want .if the will is not probate is not necessary .
Rajan Kaushal (Div. Manager) 13 August 2010
Dear Vikas,
If no claim has been made as yet in resppect of the property, then have a gift deed or sale deed made in favour of the son resideing with her but in case of sale deed the consideration should be fair and must be passed on to her. After the sale deed/gift deed is made have the propety transferred in your name at the time when the chances of disputes are minimal. Or wait for 2-3 years after this docuemntation to file for mutation.
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