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Transfer of a property owner with legal will


21-Apr-2023 (In Property Law)
Hii we have a home in a SRA building which was on my dadi's name and my dadi had a final wish to keep that home on my name (grandson) and we have made a registered will as well when dadi was alive and phisically and mentally strong.. now dadi passed away before 15 days she have 1son 1daugheter all are married and they don't have any objection if i transferred this flat on my name but my elder brother ( another grandson) is fighting with me to get half of the property... I can i challange him i have all the documents and a registered will on my name? Please help.. (SRA building has not completed 10 years)
Answers (2)

Answer #1
647 votes
Yes, you can fight this case in Court owing to the Will in your favor. Get the Probate, that is, the Certified Copy of the Will by filing a Testamentary Petition in Court. If they want to challange grant of Probate, they will file Caveat within 14 Days from the serving of Citation.
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Answer #2
630 votes
Once the Will is made and it’s a registered will nobody can challenge the same. You should go ahead and get the flat transferred on your name in the society records on the basis of the Will. Your brother will have to go to court to obtain any relief against him which most likely will not be granted in his favour as the Will which you are talking about is in your name
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