• Testator owner of the Property from the beginning

My father bought my mother a house in 1960s in Delhi. My mother never worked which means the house would have been bought with the income derived by my father. My father died in 1984. My mother sold that house in 2005 to buy another one in the same year. She made a WILL bequething the house in my favour as I looked after her all her life. She died in 2012. I had a sister who died 2015 leaving behind her husband and three kids. I want to sell this house now. Can I sell it?
Asked 7 years ago in Property Law
Religion: Sikh

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5 Answers

1) apply for mutation of property in your name

2)rely upon mother will .

3) enclose receipt of payment of property taxes till date

4) enclose mother death certificate . notice would be issued to your sister . if she has no objections mutation would be done in your favour

5) once property is mutated in your name you can sell the property

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Yes you can after transfering the property in your name.

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

5.0 on 5.0

If you have been named as the beneficiary in the bequest made through the said Will, you can very well sell the property at your desire.

Though your sister's legal heirs do not have any right in the property that was bequeathed in your favor, it would be better to at least get the signature of one of the legal heirs as attesting witness to the proposed sale deed to be executed and registered.

As per the will, you have marketable title to the property.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

What if legal heirs of my deceased sister raise objection to the property devolving into my favour and subsequently the sale of it?

Under the above situation you may file a petition before the court competent seeking grant of probate of the will in which they have to be impleaded as respondents.

In the probate case you can explain all your genuineness and reliability before the court.

The court after hearing both the sides would be able to render a decision on this after hearing both sides.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1)in the event legal heirs of your deceased sister raise objections to muttion of property in your favour you have to apply for probate of mother will

2) notice would be issued to legal heirs

3) if they objection testamentary petition would be converted into testamentary suit

4)you have to prove will was exe3cuted by mother

5) attested by 2 witnesses

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

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