Legal Question in Civil Rights Law in India

We had a flat at Mumbai in my mothers name,before

the death of my mother she had made a will which we did not probate and now my sisters are claiming their share in it.It was a Stree dhan property my question is can we now apply for probate of the will after the property reffered in the will has been sold.Our will is genuine one where as my sister are challenging that my mother died Intestate.Please guide us to the legal path we are left with.Can we probate the will now.


Asked on 9/22/13, 9:45 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.09.2013

Dear Sir / Madam,

If the beneficiary named in your mother's Will has already sold the property, the beneficiary ought to have sold it after transfer of the title of the flat by the Society in the beneficiary's name, and the beneficiary appearing as the title owner in the record of the District Registrar. The onus lies on your sisters to prove in the Court that your mother passed away Intestate (without making a Will). If and when summoned by the Court, you should produce your mother's original Will in the Court, to confirm its authenticity.

Regards,

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Answered on 9/23/13, 12:19 am


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