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Sneha Dixit (Properieter)     17 November 2014

Registered will valid after yrs of death of testator?

My father in law owned a free hold DDA flat in Delhi  and a residential plot in Kanpur, UP. I got married 5 years back and since then we are staying in the same DDA flat with the family. My brother in law and his wife were living separately on upper floor of same flat. My father in law had differences with my brother in law and his wife. My father in law expired 2 years back and and brother in law expired after 9 months, mother in law was staying with us. She also expired 9 months back. Now from her belongings we have got a registered will of my father in law in which he has bequeathed the flat and land to my husband and his only sister with a major part to my husband and disowned my brother in law and his wife. We consulted a lawyer and were planning to get a probate but now brother in laws widow has filed a suit to put a stay on the transfer or selling of the property to any third party and to get 1/3rd share from the property.

Please guide us, what to do? Apart from replying to her, do/can we still go for probate of the will. We have a registered will, now she still has any right to the property, they were married for last 9 years and have no issues. This is my father in law's self earned property, not an ancestral one.



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 6 Replies

Amit Gupta (Advocate)     17 November 2014

Dear Maam,

you should file for the probate of the will. your sister in law must have filed a suit for partition for the property. if your will is registered one then you have a fair chance of winning the suit. you must contest the suit filed by your sis-in-law. and in the suit you can take defence of your will. 

regards

Amit Gupta ad.

www.advocateAG.com

Sneha Dixit (Properieter)     17 November 2014

Now the case is in court, can be proceed for the probate now?

Wouldn't it be sort of another case? 

Sneha Dixit (Properieter)     17 November 2014

Would it go against us that we produced will after more the 2 years of death of testator?

sparc india (director)     17 November 2014

Pls state if the said will created any interest of the now deceased wife of the testator. Your best averment could be that the will was found from the belongings of the widow of the testator. It'll add weight if any counsel (of the now deceased widow) comes out and ratifies that the will was kept with him by the widow (it'll help if it was of some value to her)... That's why my first query to you. You must use your best ammo but use it with utmost care for best impact.

Sneha Dixit (Properieter)     18 November 2014

No, Nothing was bequeathed to her in Will, My mother in law was also a cancer patient. But we have get  the WILL checked, its a registered one. Isn't this fact make it a last and final wish of a deceased man. He made this will 2 years before his death so it should have been a well thought decision.

What could be wrong with that? They can check with registrar office records.

If a person purchased a property with his own earnings and can't he give it to anybody

 

T. Kalaiselvan, Advocate (Advocate)     18 November 2014

If your brother in law's widow has filed a suit for partition and injunction, you have to challenge it separately. since the property has come into dispute, it is always better to apply for probate of Will through court.  Moreover, since it is a registered Will, you have fair chances of obtaining probate on the Will and once the Will has been granted probate, brother in laws' widow's case can become infructuous. Discuss with your lawyer properly and proceed as per his/her further advise.


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