Legal Question in Real Estate Law in India
My parents own an appartment in a co-operative housing society in there joint name, my fathers name being first.My mother passed away a few months ago.My mother has made a Registered Will in the names of me & my borther.Now my father is claiming the entire property saying that he is the sole owner & that my mothers Will is fake & has given a letter to the society saying that they should not transfer my mothers share on our names.My fathers lawer is asking us for probate, & now the managing committe is also scared & is asking us for probate.
Does legal heirs have to obtain probate even if they have a registered Will? Also is it possible to obtain a Succession Certificate from a district judge and get my mothers share transfered on our names.
5 Answers from Attorneys
when your mother made a will then it can be say that you may get probate upon that will and after getting probate her property or may be transferred in your name
File an application before the registrar for execution of will and prof. somnath is also right.
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With Regards
as you have said that the flat was owned by your parents, your mother alone has no right to bequeath the property through will. as the flat is purchased out of funds provided by father, this becomes the sole property of your father and you have no right in it. the will has to go.
If a Will is disputed, then persons relying thereon may obtain a Probate.
You haven't mentioned about the source of your mother of purchasing the flat.If it was from your father then how did he transferred the value of the flat..bla..bla.. so you have no right to claim purely on the WILL given y your mother.If your mother's is from her own then she can bequeth upto her share through WILL and your rights will ignite.
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