House transfer based on Registered WILL

In Wills / Trusts Law
Hi there, \nMy late father has a self acquired, lease free, house at Delhi. He also left a registered WILL, which states that my mother has right to stay in Ground floor till her death, however, she has no right to do any deal (sell/rent etc). to the house. After her death, I ( his son) will be automatically will become the sole owner.\nWe are 4 siblings, including me and my 3 sisters.\n\nHe has also mentioned in the WILL, that none of my sisters has any sort of claim to this property.\n\nQ? - I want to get the house transferred in my name, and one of my siblings is not read to sign on the RD. Can I still take a legal action to get the house transferred? What are my options?\nThanks

Answers (3)

84 votes

Hello Sir. This is Adv. Shrikant samantara. Sir you may file a Probate Case/ Letter of Administration Case before the appropriate Court having jurisdiction. Thereafter your Will would be certified with the Seal of the Court, and anyone won’t be left to claim any share in your property.

Feel free to contact for any further queries.


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51 votes

Does that sibling stay in the said property?
I would suggest to get the RD done from the siblings who are ready atleast. Let the one who is not ready to stay as such. Keep possession with yourself. By will, you are the owner. You can get it mutated in mcd records but they will also demand noc from others. You can manage the same with the department.

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Yes, based on the will you can have the property transferred to your name. If the sub registrar refuses due to non cooperation by the siblings then we can invoke writ jurisdiction to have him directed to do so.

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