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Property based on registered will
12-May-2025 (In Property Law)
I get the property from my father's self acquired property through registered will in delhi . He made will in feb 2019 and died in Nov 2019. One flat is under my possession and on second flat , brother is residing. So should we go for eviction only or probate also as probate is not mandatory in delhi and it is registered will.
Yes we can file a suit for claiming possession of the property or we can file the suit for eviction basis on the registered will in your favor. The same can be treated as a good evidence for claiming ownership of property. Although the filing of probate petition is not necessary in Delhi but if there is any possibility of challenge the probate has to be filed
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Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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In Delhi, probate isn't usually a prerequisite for an eviction suit, and a tenant can't typically dispute the will's legality during that process. However, given that you're seeking to evict your brother, proactively initiating probate proceedings alongside the eviction action could be a wise step to ensure a smoother process down the line. Please provide your documents for tailored advice.
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If will is registered then as such no nedf for probate and even otherwise your brother will challenge the WILL.
As of now your brother is residing in the capacity of licensee therefore we need to first send him legal notice to vacate the Property to raise cause of action
You need to hire expert advocate
Plz b ok touch
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Adv. D. Khan
Delhi | 1000+ Answers
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Since the property in question is your father's self-acquired property and he has left a registered Will in your favor, you have a strong claim. In Delhi, probate is not mandatory for Wills unless the property is within the jurisdictions of the High Courts of Mumbai, Kolkata, or Chennai. However, if your brother is not vacating the flat, you can file a suit for possession and eviction based on your title under the Will. A registered Will carries evidentiary value, and you can assert your rights by serving a legal notice and then approaching the civil court if he refuses to vacate. Probate may still be sought for better enforceability, but it is optional in Delhi.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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On what grounds can you evict your brother. If there is a will then u can approach court and get a probate done if it’s a registered will. Even if your brother challenges it.. I don’t think so court will decide against you
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Adv. Aditi Gupta
Delhi | 25+ Answers
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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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