Legal Question in Real Estate Law in India
"F" purchased an open plot on his self earnings.He has a wife "M".2 sons S1,S2. Daughters D1,D2,D3.
F executed an unregistered will in the name of his wife giving absolute rights on the plot and died .12 years later, his wife executed a gift deed in favor of S2 .When S2 tries to sell the plot,being his father's will unregistered,the new purchasers prefer the consent of other siblings as well.Now, what should S2 do in order to get clearance from his siblings?
Should he file a declaration suit of his father's unregistered will against his siblings?
or is there any other way?
1 Answer from Attorneys
Registration of Will is not compulsory.
If an unregistered Will is acted upon like entry of name of M and S2 on property after demise of F etc., then consent of other siblings to said Will may be implied.
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