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Rohit Kumar (owner)     02 March 2012

Process of sale in case of registered will

 

I have been reading answers to some of the questions raised by people on this forum. I too have a question to ask, would be grateful if experts here can elaborate on same.
1. My father passed away but he left a registered will
2. He is survived by his wife, one son (me) and 3 daughters
3. In his registered will , he has made clear division of property by allocating property to me and my mother (Separate  portions have been allocated to me and mother)
Now my question is that My mother and I now want to sell the portions alloted to us, but not sure how to execute the sale. I mean do we need to get release/Relinquishment deed from my sisters before we can sell, or we can sell directly on the basis of registered will. Please explain.
4. Our residence and property which is part of this will is in Delhi.


Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     02 March 2012

You need to obtain probate first. On the basis of probate you and your mother will be able to mutate the property in your names and then can sell the same.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 March 2012

Concurring with Ld.Friend said above - no need for a relinquishment deed as your sisters have no share which they would release - property vests in you and your mother - Get Probate ! Get going

Rohit Kumar (owner)     02 March 2012

Thanks Archana and Bharat for your valuable advice, but I also read following on one of the forums , which says:

"AS PER SECTION 57 READ WITH SECTION 213 OF SUCCESSION ACT, 1925 AND AS HELD IN RAM CHAND GANESH DAS VS. SARDARA SINGH (AIR 1962 PUNJAB 382) AND JAGDISH CHANDER TRIKHA VS. PUNJAB NATIONAL BANK AIR 1998 DELHI PAGE 275-276, IT IS NOT NECESSARY TO GET REGISTERED WILL PROBATED IN DELHI ".

Please advise if this is correct.

 

Thanks

khalid masood (partner.)     02 March 2012

The very objective of probating is that  it ensures that no one other than your mom and yourself have any vested interest in the property. Probation would pave the way for uninterruped and absolute possession and ownership  in ur favour. If it is not probated the will may be contested and u may have quote all these citation to absolve urself from others claims.


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