1. Do note that on death of your mother all of you inherited undivided 1/5th share in her proeprty. So later on you can make your father sole owner only on the basis of affidavit or other documents.

2.In other words even though the Khata changed to your fathers name your father did not become its sole owner and all of you continue to have your respective 1/5th undivided sahre in the proeprty.

3.Therefore the Will made by your father can not make sole owner of the proeprty. At the most you are now its 2/5th owner as your father can not bequeath more than his 1/5th sahre.

4. SO if you mortgage your proeprty to obtain loan you would require permission of your sisters.

5. If you want to become the sole owner of the property then you are required to get the 1/5th sahre from your 3 sisters by way of gift deed or deed of relinquishment.

1) it is better you obtain probate of the will

2) probate is judicial proof that will is genuine

3) when you apply to bank for loan they would insist on probate of father will

4) in the alternative release deed can be obtained from other legal heirs

5) separate release deed can be executed separately by your siblings and other legal heirs

6) after obtaining probate or rlease deed you cna sell the property

7) you can make a will and bequeath property to whom so ever you so desire

Is my late father's Will sufficient enough to prove that I am the legal owner of the said property?

yes, because this property is already devolved upon you. your father was the absolute owner of those property held by your mother after giving of relinquishment certificate by her children in favour of father. hence the Will of father took effect and you became the absolute owner. father's will is sufficient enough to prove your ownership.

The bank's legal advisor is insisting for a release deed executed by the siblings before approval of loan.

this is wrong demand because when a property is devolved through execution of a Will no relinquishment deed of NOC is required. it is required in respect of ancestral property or co-holders of the property.

5) Can I obtain loan to re-construct the home, either in part OR in full by way of complete demolition.

If you have documentary proofs to prove that you are legally the absolute owner of the property you can very well apply for loan.

6) Is my late father's Will sufficient enough to prove that I am the legal owner of the said property? Is it necessary that I should get the property registered in my name with the Sub-Registrar's office, before going ahead to avail loan?

Since the registered will was legally and properly acted upon and also the revenue records were duly transferred on your name, these evidences will support your claim for marketable title to the property.

7) The bank's legal advisor is insisting for a release deed executed by the siblings before approval of loan. My contention is that we all siblings have submitted a joint affidavit after my mother's death to enable my father to transfer the documents to his name. If such an affidavit was not according to law, then the Will made by father would not have been registered.

The question of Will getting registered or not is the criteria for grant of loan.

The affidavit given by you and your siblings is an unregistered paper which neither confirms the relinquishment of rights or a release deed as per law towards the property left behind by your deceased mother who is reported to have died intestate.

Therefore the demand by the legal adviser of the bank is justified and legally valid demand.

However you may try to convince that there has been no dispute whatsoever so far for more than two decades in this regard and also all the revenue records state that you are the legal owner and try to convince the bank manager for grant of loan, if he is still reluctant then you may aproach another financial institution who would consider the grant of loan by relaxing the conditions based on the genuineness in your side

8 If the release deed is compulsory, can it be executed by my siblings and their heirs severally and independently on different dates? OR Is it mandatory for all the siblings to execute the same jointly in a single day?

They can be executed even now either jointly or severally.

8) Can I sell the property at any time since I am the sole owner? Do I require to obtain release deed from my siblings to sell the property OR to get it registered in my name? Or can I make a Will of my own during my lifetime about this property? What are my rights as the sole legatee in this case and what are the formalities? I am an Hindu by birth, born for Hindu parents and my legal heirs viz, wife and two children are all Hindus and all are residents of India till date.

you can sell he property to willing purchaser if he is convinced about the situation.

You can bequeath the property by will to anyone of your choice.

The legatee itself is in question hence do not claim rights of legatee anymore until the cloud is cleared.

Can anybody guide me how to go about and come out of the situation? With kind regards.....

You can discuss in detail with an experienced advocate in local about this and proceed as per his advise on all such further issues.

1. Your father was not the absolute owner of the entire property of your mother.

2. He inherited only 1/5th share of your mother's property.

3. Title of property can not be transferred by executing affidavit. Deed of conveyance like settlement/relinquishment deeds are required to be registered for such transfer of shares of property which has not been done in case of the shares of the properties inherited by you other three sisters.

4. Your father's said will is thus invalid for want of authority to will the shares of the property not owned by him.

5. The Bank lawyer is right. All other share holders i.e. legal heirs of your parents shall have to register a relinquishment/release deed in your favour transferring their shares of your mother's property to you.