Even though it is not mandatory to probate a registered WILL in Delhi but Is there any time limit to probate a WILL after the death of a testator in Delhi.My father died in 2011 and the WILL is not probated. What happens if the time limit elapses and WILL is not probated. Is the WILL still valid. As per WILL the property is to be devolved to my mother with all the rights. As per WILL my sister do not have any right in the property, but she is not ready to give any NOC. My brother and me has equal rights in the property after the death of my mother. My mother has signed a collaboration agreement with a builder to construct 2 floors above existing 2 floors in the dwelling. This is objectionable to me and my sister. We do not want any third party interference in our property worth 18 crore. Can my mother transfer 3rd floor of property to third person without NOC from me or my sister and without probate of WILL in Delhi.
1. One can apply for probate of Will at any point of time and there is absolutely no time limit for the same.
2.If your sister is not ready to give NOC the also if Willis proved to be genuine and validly executed Probate can be granted albeit after some time.
3.If you wish to oppose to get the proeprty developed by the builder you can file suit for partition to claim your due share in the proeprty.
You can apply for probate of will at present .no time limit prescribed for applying for probate
2) preferbaly probate application should be made within 3 years . you have to satisfactory explain the resaons why you delayed filing application for probate .
3) your sister can file suit for partition for division of property by metes and bounds . Seek stay restraining sale of property by mother
4) mother would take defence that as per will she has absolute rights on property
5) she will have to apply for probate to prove the will was executed by your father
6) if you and your sister contest testamentary petition would be converted into testamentary suit and take years to be disposed of
Dear Friend
Probate refers to a copy of the Will duly certified under the seal of a competent Court with a grant of administration of the estate in favour of the executor of the testator. The grant of the probate decides the genuineness of the Will and the executors right to represent the estate.
The grant of probate decides the genuineness of the Will and executors right to represent the estate.
In Delhi, many Govt Authorities such as MCD, DDA, NDMC etc insist on probate at the time of mutation of property in favour of the beneficiary/legal heirs.
So probate of will is not mandatory in delhi. However it is always advisable to obatin probate particularly so when property is valued in crores.
Also there is no time limit to probate a will.
No, your cannot mother transfer 3rd floor of property to third person without NOC from you or your sister and without probate of WILL in Delhi.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
I talked to one lawyer and he told me that as per WILL, my mother, after the death of my father has absolute rights in the property and can do anything with the property. I or my siblings cannot object to her decisions as regard to property. she can even write her own WILL which may be total contrary to the original WILL made by the testator/my father.
If as per the Will your mother has been made the sole beneficiary of the Will then indeed she can deal with the proeprty in any manner she wishes and you could nothing during her lifetime.
I Stand Corrected from my previous reply.
It is necessary to peruse willto advice
2) if as per will property was bequeathed to mother she would be absolute owner of property
3) your sister can file suit for partition
4) burden of proof is upon executor / beneficiaries to prove the will
Hi, the WILL certifies your mother to be the owner of the property .. However it is to be seen , how much of rights as per the WILL is transfered to your mother .. It is advisable to file a suit for permanent injunction against the collaboration agreement with the builder ..
As per WILL your sister do not have any right in the property. Your brother and you have equal rights in the property after the death of your mother. From the given facts something seems to be missing. Without going through the original Will, one cannot give his opinion. However. in Delhi, there is no need to get the Will probated. If as per Will your mother is absolute owner after the death of your father, she can do whatever she likes till her death. If her siblings will not care for her during her life time, she can bequeath the property in the manner she likes. If you have any problem with signing of the collaboration agreement by your mother with the builder, you can resolve the issue amiably within your family and if you cannot convince your mother, she will act on her own wishes as she has full right, title over the said property. Be obedient to your mother during her life time if you want to have your share in the property after her death.
1. The limitation to apply for probate is 3 years from the date of demise of the testator.
2. If your sister has not been bequeathed anything by the will then you do not require a NOC from her in the first place.
3. Execution of a collaboration agreement does not amount to transfer of property but it does come within the ambit of creation of third party rights. If there is a life estate created in favour of your mother then it remains to be seen as to whether your mother has been given the right to augment the property or not. If no such right has been given to her then you and your sister may file a suit for permanent injunction against your mother and the builder to stop them from creating any third party rights.
4. Consult a lawyer with a copy of the will.
5. A life estate holder cannot make a will of the estate.
Please understand in case your will is registered then the challenge to the same is very limited.
If as per Will your mother is absolute owner after the death of your father, she can do whatever she likes till her death. If her siblings will not care for her during her life time, she can bequeath the property in the manner she likes.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
1. There is no limitation prescribed by law for filing application of probate of will.
2. Moreover, for properties of Delhi, probate is not mandatory.
3. Since the property has been bequeathed to your mother with all rights on it, she has all the rights in dealing witrh it in any way she feels like including development of extra floors and selling the same .
1. When your father has bequeathed his property to your mother along with all the rights, he can not stipulate whom your mother will transfer the property after her death.
2. This part of the will is faulty as per law.
3. Had he not bequeathed the property to her but given just the living right on his property, the property would have come to you and your brother after her demise.
Dear Client,
Limitation for filling probate is 3 years from the death of testator or when dispute arise, - varies opinions, precise may be advisable on personal interaction.
Properly executed WILL is valid for ever till it is not declared null by the order of court or visible on the face of it, improperly executed.
she is not ready to give any NOC - No need of NOC
Can my mother transfer 3rd floor of property to third person without NOC from me or my sister and without probate of WILL in Delhi. - By virtue of WILL , she is absolute owner of property, possess clear right to dispose property in any manner, no consent required.
My brother and me has equal rights in the property after the death of my mother - sister also have being legal heir of mother
without taking probate, the will has no more value than a scrap parer. it is immaterial that the will is registered or unregistered.
without taking the probate all the legal heirs left by the deceased have equal right and ownership over the property as if the will stands non-est.
There is no time limit to apply for probate of the will.
You sister can file a suit for partition of the property, file a caveat so that no order is passed without your information.
Probate in any case is mandatory to give finality to the will, the probate is asked by all the government authorities.
For any further assistance it will be necessary for me to see the will, also if the will has been made in the favor of mother then she will become the absolute owner of the property.
Burden of prove to prove the will shall be on the person on whose name the will has been executed.
Regards
You can get it probated even now.
Since your mother has only life interest in the property , she cannot transfer the property to her another son or daughter or enter into any agreement with the builder or developer
I talked to one lawyer and he told me that as per WILL, my mother, after the death of my father has absolute rights in the property and can do anything with the property. I or my siblings cannot object to her decisions as regard to property. she can even write her own WILL which may be total contrary to the original WILL made by the testator/my father.
If your father was reported to have died intestate, or if he died by transferring his property to his wife and other children, then on that basis of same you too can claim your share in the property.
she cannot be an absolute owner of the property if she has only life interest in it.