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property dispute while having ownership


In Property Law
my father left behind a will in favor of me which was registered with video recorded at sro Delhi I got transfer to Mumbai for work purpose so I have to sell the house my 2 sister creating an issue with seller blackmailing me we'll put stay or put suit if you don't give us half portion of the property there husbands are very greedy I know they upfront my sister in this matter please give me an advice what I can do in this I had to leave Delhi next month \nif will is easily challenged in court that's the meaning of having a will deed

Answers (4)


172 votes

Hello Sir. This is Adv. Shrikant Samantara.

You may file a Probate Case in the appropriate Court, so that Will is certified by the Court as genuine, if other legal heirs are disputing the Will.

After filing of the above, you also may file a caveat Petition before the Appropriate Court, so that they are unable to obtain exparte stay order in their favour on the first date of hearing, without listening to the other party if they are planning to file a partition suit.

Regards.


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217 votes

Hello.
Greetings for the day
Query perused. See Will can be challenged even if it is registered. Registering a Will does not make it sacrosanct. It can always be challenged before the court of law on account of Undue Influence, coercion, Fraud or if it was not properly executed.

Would like to legally peruse the contents of the Will.

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214 votes

Dear candidate

In case the property is located in Delhi, there is no mandatory requirement to file a probate proceeding. However, if there are false allegations the same may be filed. You should get the property mutated in your name to secure the intended way of transfer of the property. Once mutated in your name it will be easier for you to dispose it as per your wish. Filing an NCR would also be advisable in case there are threat for false cases against you. Feel free to get in touch to discuss further.

Regards
Adv. Abhinav Sharma

95 votes

Challenging the WILL doesn’t mean that they will WIN. You can give the property on rent n go to Mumbai. Get the property mutated under your name n let them challenge the WILL. You just need to have expert advocate to put your case. Thanks


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