Legal Question in Wills and Trusts in India
i have a land situated in delhi, my mother was the owner of this land who was died 6 yerar ago.they make a registerd WILL in my favour.we are two brothers my younger brother was died 4 year ago they has 1 son and 1 daughter .I want to sell out that land but my bhabhi is creating a dispute she said that she also have a share in this property but in my mothers WILL it is clearly written that i dont want to give any thing to my younger son.i want to know should she get a stay on this property by court in any condition.and if i sell that property to any body and they start construction on it should she stops that constructon..
2 Answers from Attorneys
Your will can be challenged by your bhabhi in the court. Your facts are not very clear as to why your mother did not give any share to your younger brother. How was your mothers mental condition at the time of executing the will . Please clarify.
However, with respect to a recent notification by Delhi Government, if the will is unregistered whether or not there is a challenge to the will, you have to get the probate of the WILL. But, since you are holding a registered WILL you may apply for mutation of the property in your favour on the basis of that registered WILL irrespective of whether or not your bhabhi is challenging. If the property stands sold out and the buyer has started construction on it, then, it will be difficult for bhabhi to get stay as the buyer may continue to construct subject to outcome of the challenge. If the will has been properly executed and attested by two witnesses, bhabhi may not succeed on challenge.
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