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Objection in registration of property obtained by will
27-Jul-2023 (In Property Law)
Sir, I belong to hindu family and I have one brother and 3 sisters.My father expired last year and mother is still alive.Father had 2 property registered in his name (not ancestor , bought by him) . Father and Mother made joint WILL stating only I will be beneficiary . WILL is registered .WILL was registered in 2014 and it was father only WILL. We stay in muzzafar nagar district(Uttar Pradesh) . I now want to register the property in my name . (1) Do I have to probate the WILL in probate court (or probate is required in Bombay , Madras , Bengal provience only . (2) I went to registrar office , employee thier said I cannot register property as there is stay on the property by my brother (??) ( WILL can be only challenged in probate,brother has filed civil suit for property share.Do filing civil suit make property a disputed one.Please help how can I get property register in my name.
Firstly yes get the Will probated to prove genuineness and then only you can claim full right over your father's self acquired property. Look deep into the conditions of the Will as to how the immovable and movable properties will flow down the line. After this you can contest the partition suit, well armed, filed by your brother and prove that the same is not maintainable considering the presence and effect of the Will of testator. Also, challenge that stay order obtained by your brother falsely.
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Adv. Siddharth Krishna Dwivedi
Ghaziabad | 25+ Answers
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