Legal Question in Wills and Trusts in India
My father give a WILL to my elder brother in 2001 and he has passed away in 2005. This WILL is registered in Sub Registaar office Delhi. After the death of my father can my brother sell this property without consent of legal heir. He has not probate the will. (property situated in Delhi).
3 Answers from Attorneys
probate of will in Delhi is not mandatory.
Hi sir, In delhi probatory is not necessary for the WILL, your brother he can sell the property as he like.... if the said property is an ancestral property, the your father was not executed a WILL, it will be cancelled. If the said property is self acquired property of your father, your father have every right over the said property of him.....best of luck... if any help please call me on mobile phone which is mentioned in the LawGuru.comwebsite ... Kindly click on the LIKE icon. It will be a token of appreciation... by Chandrashekhar Vithal Jadhav, Advocate, Bangalore.
06.06.2013
Dear Sir / Madam,
If your father has named you as the beneficiary in the Will, your brother has no right to sell the property without the prior authority of all the legal heirs.
Regards,
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