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Author Topic: Important: We want to get a Probate of WILL done  (Read 401 times)

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Offline sonubhola

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Important: We want to get a Probate of WILL done
« on: December 09, 2015, 12:58:40 PM »
Hello, my name is Sid. I am from New Delhi. My father purchased a residential property through a property agent in 2003. That Property owner from which we bought this property died in 2007. He got his legal heirs as 1 son, 2 daughters, and wife. We are having the possession of that house from last 12 years however still we have not got the mutation done. The title of that house is still under that owner. The supporting documents we have is
1) His Registered WILL which he made in favour of my mother and father, where 2 people signed as witness which is his Son and the property agent (who also died). So now itís only 1 witness which is his only son.
This WILL came into effect in 2007 when he died.
2) Agreement to sale which is not registered but also includes the cheque no is mentioned in it from which we paid him the money to buy that house
3) Possession letter but not registered
4) Receipt letter but not registered
Now we have been told to get Probate of WILL done to get the title under my parent name. However the advice for which i need help is if we go to court to get the probate of WILL done, then all his legal heirs might object specially his 2 daughters and wife (there signature are not in any documents) and can claim there share in that house.
There is also a possibility that his Son whose signatures are on the WILL can object the legality of WILL and can say that he doesn't know anything about it.
Is it possible for us to get Probate of WILL done in this case and what is the chance of our. Please help us in giving right advice as we really want to get the PROBATE OF WILL done. Your help would be really appreciated.

Offline adv.amarnath

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Re: Important: We want to get a Probate of WILL done
« Reply #1 on: December 09, 2015, 03:42:17 PM »
It was a blunder mistake on your part to purchase a property without Registered Sale Deed. As far as one can understand at a single glance that to escape from Stamp Duty and Registration Fee, you had put the owner to execute Registered WILL.

You are in trap now. You cannot spell/ utter a single word in respect of money receipt. You have to file probate through executor and have to give notice to all the erstwhile owner's heirs. Now they may raise objection to the Probate Case. Court may doubt about the reason to give your parents the property in concern vide WILL by the testator.

Situation is complicated and complex.... chances are low.

Amarnath Sanyal
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