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Is property registration required inplace of WILL


18-May-2023 (In Property Law)
My father has left WILL on my name for the property. This is REGISTERED WILL. I have 2 sisters also but Will is only on my name. I want to know should I get the property registered on my name? What can be the problem if I don't get the property registered on my name ? Can I lease and sell property by using WILL? Regards, Ratish Jain
Answers (3)

Answer #1
743 votes
Dear Ratish Jain,
The registered WILL is required to be proved in Court in Probate proceedings. We may file lawsuit for probate proceedings in your favour and after passing Court order, you will be absolute owner of that property. If you find my answer helpful then contact me for filing proper PROBATE PROCEEDINGS in the Court of Law. Thanks and Regards.
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Answer #2
819 votes
Dear querist,

The property can not be registered on the sole basis of will. You have to get either the probate granted alongwith the letter of administration in your name as there are other successors also in the family from the court or you have to get the registered deed from the authorities. After getting it done, you can get the property registered in your name or can sell the property. In short, You get full ownership of the property.

You can contact me, in case you need my assistance in the matter.
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Answer #3
546 votes
It is advisable to register the property in your own name. A no objection can be taken from the sisters stating that the Will is registered and is in their knowledge, so that they can not claim the property in future and challenge the Will. Also, it is required for you to have the property in your name to sell it or lease it. You have to get the name changed/mutated in the documents. Further the same can be done and discussed over a call.
Thanks and regards
Vasu Vishesh Bhatia
Advocate
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