Dispute in transfer of ownership in case of unregistered will
28-Oct-2023 (In Property Law)
There is a property in which my deceased mother is 50% owner. In her unregistered will, she has transferred this in my name.
When I presented this will to Greater Mohali Area Development Authority for transfer, they are asking my mother's legal heirs for their consent to transfer the property in my name.
All her legal heirs except my elder brother are ready to provide their consent.
What can I do about my brother not providing his consent?
Well, your mother's last WILL must be respected. Ask the GMADA to take decision on the basis of your mother's last WILL even if your elder brother is not consenting to the same. if they refuse to honour your mother's last WILL then file a suit for declarling yourself to be the owner of the mother's share of the property on the basis of her WILL. The other thing you can do is to get your WILL registered. As the WILL is unregistered so sometimes, the public authorities hesitate to act on the basis of WILL without the consent of al the legal heirs. However you can get it registered even after the death of the creator of the WILL and then present the same before the authorities concerned and then even if any legal heir refuses to give consent then still they can act on the basis of WILL.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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