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Aunt transferred through sale deed but there is no Will


02-Mar-2023 (In Property Law)

Hello Sir, My father's sister purchased a property who was unmarried and living with us. She wrote a will in July 2005 declaring my father as the future owner of this property. But, In Jan 2006 my aunt (Owner of the property) sold with registered sales deed for second floor with roof right to me. But, sadly in may 2006 she died without making any amendments in the will after sales. So, now we want to understand if we can go for a probate process for this will. And my father is the only legal heir for the remaining portion of property. We wanted help regarding case reference for similar cases.

Answers (4)

Answer #1
728 votes
the portain which she sold you will remain with you but remaining portion will be settledown as per will.
You can file a probate case for the claim over remaining portion of the property.
Thanks and regards
Answer #2
577 votes
As information available here your aunt purchased the said property from own earned money and she is absolute owner of the property and she executed one will in favour of your father. She died after executing a registered sale deed in your favour. It is for your information Will shall be valid only for remaining portion that has been remained after selling the said property.
Answer #3
584 votes
The Will can be with respect to property which is in her possession.Here since the property is sold diring her lifetime the Will cannot be applicable on the said portion. For the other portion you can go for declaration suit:
Answer #4
743 votes
You can file a probate case before the court of competent jurisdiction. If the will is registered then only you can claim anything otherwise you have no locus of filing such case. As per your statement, if the aunt had transferred her share during her life time. You can't claim it after her death. Will would be effective with regards to the remaining share of her property. All the best.

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