• Will registration

I am savitha my father is having 8 acres of land he wrote a will on me and it is unregistered and he is no more . but my brother sold that land to other person now shall i register the will to sub registror.
to do this sub registror have the rights or not?
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

Well, registration of Willis not necessary to give effect of the Will. rather you require to get Probate of the Will which takes time.

Even if we consider that there is no Will then also you have sahre in the land along with your brother , other siblings and mother ,if alive.

So in other words your brother can not sell the whole land.

In that context you can file suit for declaration to nullify the sale made by your brother and claim your due share.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Firstly, that will is no use for you as it is not registered. Sorry.

Secondly, your brother can't sell that land as there is no will, and in the absence of the same the property will dilute by law of succession only.

Lastly, file a suit for putting down the sale by your brother as it is totally illegal, and you would get success for sure.

Good Luck and God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Hi , if the WILL is in your favour , then the sale deed made by your brother is illegal and void by law .. You should file a suit for permanent injuction in court and obtain a stay on the sale of the land ..what does the WILL say ??are you the only nominee?

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. Registration of 'WILL' is optional and not compulsory.

2. Now also you can register the 'WILL' in the jurisdictional Sub-Registrar's Office.

3. Is your brother not aware of your father's 'WILL'. Did he not contact you at the time of registering the property to a third party?.

4. You are now at liberty to challenge the 'Sale Deed' your brother has executed to the third party in the competent Court of the jurisdiction.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

1. The will executed by your father can not be registered by you. It shall have to be registered by your father who has executed the will.

2. However, it is not mandatory to register a will.

3. You are required to obtain grant of probate from the Court to enforce the will and with out the grant of will, it does not have any value.

4. Apply for and avail grant of probate of the will and thereafter challenge the sale deed registered by your brother illegally selling of your property.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If your father had bequeathed this land to you under a will, your brother couldn't have sold the same.

Challenge this sale on the basis of your will.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1) file suit to set aside sale of land by your brother

2) enclose copy of father will

3) registration of will is optional

4) you can register will even after father demise

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Respected mam...

An unregistered will can be register even after the death of the testato as per the provisions of Registration Act, 1908. please read the following sections of Registration Act, 1908 40. Persons entitled to present Wills and authorities to adopt (1) The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration. (2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration. 41. Registration of Wills and authorities to adopt (1) A will or an authority to adopt presented for registration by the testator or donor, may be registered in the same manner as any other document. (2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied- (a) that the will or authority was executed by the testator or donor, as the case may be; (b) that the testator or donor is dead; and (c) that the person presenting the will or authority is, under section 40, entitled to present the same...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1. Under the Indian law a will does not require mandatory registration.

2. IN defiance of the will your brother has sold the land and created third party rights. IN these circumstances the registration of will now will not undo the sale. The remedy for you is to file a suit for declaration of the sale deed by your brother as illegal. The buyer also has to be made a party.

3. Also seek injunction to restrain the buyer from further selling the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. File a suit to set aside the sale deed.

2. Unregistered Will can be contested in court but approach a lawyer with the copy of the Will.

3. Once the sale is set aside, you can apply for partition suit.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

You need to file petition of probate of will and mandatory injunction in court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Dear Client,

It is not compulsory to get the WILL register, Also, u cannot register it to sub registrar, only the testator , ur father , who is died now.

All needed is , the WILL properly executed & attested by 2 witness. U can file complain against the brother that by virtue of WILL, u r only heir/owner of ur father`s land, and he cheated u by selling the land.

Also, if there`s was no WILL, still u have equal share in the land along with ur brother, on this basis also, u can file FIR or Civil case for cancellation of sale and possession.

As ur share cannot be sell without ur approval.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You shall get the will probated

and on the basis of the same challenge the sale deed

consult a local lawyer

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You cannot register the will.

You can file a case before court competent seeking to grant probate of the Will.

Once you get the will probated by court, you can file a case agaisnt your brother seeking possession of the property which he illegally sold and also for compensation

Registrar has nothing to do with the Will or its registration at this stage.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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