Bharathi (None) 22 January 2011

Regarding property WILL

While renovating the house, I have found a property WILL written in my name by my uncle. My uncle died in the year 2000. My uncle has two daughters. So my uncle's property was divided among them through Hindu succession act. One of the daughter sold her share of the property to a third person. It was a self acquired of my uncle. The WILL says the entire property should go to me. Since almost 10 years passed, is it possible to claim the property? Is there any limitation period for the WILL? Please help.

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5 Replies

A V Vishal (Advocate) 22 January 2011

YOU CAN CLAIM THE PROPERTY UNDER THE WILL SINCE THERE IS NO TIME LIMIT FOR PROBATE OF WILL, HOWEVER, THE WILL CAN BE DISPUTED BY THE COUSINS.

Bharathi (None) 22 January 2011

Dear Vishal,

What about the property sold to the third person by one of the uncle's daughter? will I get that also? Can the third person object the WILL? Please help.

A V Vishal (Advocate) 22 January 2011

You can dispute the sale too, but much depends upon facts emerging in course of the proceedings.

rajeev sharma (Advocate Ex senior manager law ) 22 January 2011

of course u may file a probate/for declaration on the basis of will but you will have to prove that the will was actually executed by your uncle, then in whose custody the will was put by your uncle,how it was lost,and when and how it was found. If u succeed in getting probate/declaration then u will have to sue the purchaser seperately for getting th sale deed cancelled

Bharathi (None) 23 January 2011

Thanks for your replies. How much cost approximately for the probate proceedings and the dispute? I will try only if I have atleast 80% chance of winning the case. Once the sale deed cancelled, will the court order to give some compensation to the third person who purchased from my uncle's daughter? Please help.