• Is legal heirs sale deed valid if I'm having will on my name

My grandfather brought land from third party not ancestral property and gave the gift of land to my uncle with settlement deed, my uncle having wife and only one daughter. But I only taking care my uncle till death, my uncle wife & daughter don't visit my uncle till death. My uncle created registered will on my name. Once my uncle died I have shown that will copy to uncle brothers. They said me we can hide that will copy and we all divide that property from legal heirs (uncle wife & daughter). I never agreed with them so after few months they brought the land from legal heirs (uncle wife & daughter) with sale deed. In the meantime I transferred the Patta on my name & put the mortgage of the property. How can I cancel their wrong sale entry? Is really required their support on this? Since they won't allow me for cancel their sale deed entry?. I visited local advocate and he said me those 2 witness who signed in Will they need to come court and say real truth but sometime they won’t say reality so be wait for some years? Can you please advise to move this issue in correct way
Asked 7 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) You have to apply for probate of will of uncle 

2) notice would be issued to legal heirs 

3) if no objection received you would get probate in 6 months 

4) if objection received it would be converted into testamentary suit 

5) it has to be proved uncle signed will and attested by 2 witnesses 

6) yiu also have to challenge sale of property by legal heirs  rely upon uncle will 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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Since your uncles have executed a sale deed with th deceased uncle's wife and daughter the only option left with you is to approach the court and probatebthe WILL.

If the WILL is a registered one the records at registrar office is  a big proof. The witness who are in the WiLL can't lie ibthey signed it.
If the WILL is not considered the sale deed will stand valid as it will be like your uncle died intestate by leaving his wife and daughter as legal heirs.in this perspective the sale deed is right.

It is necessary that you should probate the WILL and challenge the sale deed.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1) court fees vary .in mahrashtra it is Rs 75000 maximum 

2) legal fees vary depending upon lawyer engaged by you 

3) you have  to challenge sale deed executed by your uncle legal heirs 

4) in absence of will uncle wife and daughter would be the legal heirs 

5) hence you have prove uncle executed  will in your favour 

6) probate is judicial proof that will is genuine 

Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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Probate court fee is less unlike other civil suit depending on the fair value of the property.
Of course you need to expect lawyers fee.
To put a stop to all these  the probate order is a must.
Speak to a lawyer give the details of the property so that you can know exact amount of court fee and lawyer fee.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Has the will been probated? If the answer is no then apply for probate of the will. Without probate of will it has scrap value wherever probate is mandatory. In so far as the sale deed is concerned the remedy is to file a suit for cancellation of sale deed. Do not delay applying for probate. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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The cost will be the fee of your lawyer and the stamp duty to be paid on the value of the property.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) you have to pay court fees for filing testamentary petition for probate 

2) jurisdiction only local lawyer from chennai can guide you 

3) mere transfer of patta in revenue records does not confer tithe . It is for payment of property taxes only 

4) in addition to probate you have to file declaratory suit that you are owner of property and to set aside sale deed made by wife of deceased uncle 

5) evidence of witness is necessary to prove will 

6) apply for probate preferably within period of 3 years from date of death of testator ie your uncle 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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The part of your query that relates to jurisdiction issue can be answered by only a local lawyer. The stamp duty will have to be paid in accordance with the slab prescribed by the state. Applying for probate is indispensable. Do not look for shortcuts as they will not serve any purpose. If the witnesses do not come to the court then the will has to be proved in accordance with the law. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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A will comes into operation after the lifetime of testator and is valid unless the beneficiary does not relinquish his rights thereunder.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
A Will is defined as "the legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death." In other words, a Will or a Testament means a document made by person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator. The Will shall be attested by two or more witnesses, each of whom has seen the testator sign
or affix his mark to the Will or has seen other person sign the will, in the presence and by the direction of the testator, or has received from the testator. Each of the witnesses shall sign the Will in the presence of the testator
. So we can prove the will only  through these two witness .

So a registered will created infavour of you then after the death of Testator you become the absolute owner of that property. So does not to leave the possession of property from your hand . The sale deed created by uncle has no validity and you can challenge that sale deed by filing a declaration suit that decelerated ad sale deed no.... was null and void and has no consideration. 

A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor's authority. A probate is mandatory when the Will is executed by a Hindu.
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
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1. You shall have to take probate of the will by filing an application before the Court and in that case all other legal heirs of the owner of the property will get notice to submit their consent or objection, if any,

2. Till the probate of the will is granted, the will has no value,

3. In absence of the will, your Uncle's legal heirs being his wife and daughter are the equal share holders of your deceased uncle's property and they have the right to sell of the said property,

4.You are required to apply for the probate of the will and on receipt of the same you can file an application praying for a direction to cancel the said sale deed registered by your Uncle's wife and daughter.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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1. Your Uncle need not register any sale deed in favour of his wife and daughter,

2. On the demise of your Uncle, intestate, his wife and daughter automatically became the owner of his property in absence of his will,

3. Patta is not the document to indicate or confirm the owner of the property,

4. Your Uncle's wife and daughter are the legal heirs of your deceased Uncles property in absence of any probated will. 
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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1. You shall have to file the application for probate before the District Court,

2. For seeking probate, you shall have to pay the stamp duty which will be charged as per the value of the property,

3. Patta is not the evidence of ownership of the land, registered Title Deed/ Probated will or legal heir certificate is,

4. You can get the sale deeds cancelled only through Court orde which you can obtain by submitting your claim of the property with the help of the probated will,

5.First file the application for probate for which your Uncle's wife and daughter will get notice to submit their objection if any and at that time only you will require to approach the witnesses. If  they are dead, you shall have to get their signature tested,

6. Without obtaining probate of the will, it is not valid even for a day. With probate, it is valid for life.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
 I visited local advocate and he said me those 2 witness who signed in Will they need to come court and say real truth but sometime they won’t say reality so be wait for some years? Can you please advise to move this issue in correct way

If your uncle had bequeathed the property on your name by a testamentary disposition i.e., will, after his death the will shall come into force. However since you apprehend objection to acquisition o the properties by the legal heirs of the deceased, you may file a case seeking grant of probate of will from a competent court and after that you can acquire the properties without any problem.  Follow the advise of the local advocate in this regard for all such further issues. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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How much cost we need to spend for probate?

The court fee and the lawyer's fee can be enquired locally, it cannot be predicted. 




Currently the patta transferred to me. The only thing they have one entry in registered office so I wanted to cancel that entry without their support. Is there any legal rights to my uncle wife & daughter in this property.

If the patta has been transferred on your name,then there is no problem for you to proceed even without probate of will. This property becomes your own.  Let your uncle's brothers claim a share or entire property, they cannot force you to vacate, they have to approach court for declaring their title on the basis of the sale deed with them, which can be challenged and contested properly at that time. 

T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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My land not located in Chennai limit. Which court i need to go? District court or Chennai high Court? I need pay any stamp duty while file the case?

This will be taken care of by your advocate,why do you break your head on it, or whether you are going to fight it out as a party in person?




I have transferred patta on my name based on registered will. Do you think the patta is big proof or its supporting higher in court?

Transfer of patta on your name based on the will is a substantial evidence to prove your case. 





Is there any other way to cancel wrong sale deed instead of going probate?

You do not have to go for cancellation of sale deed created by them, let them enforce the sale deed, then you can challenge the same. 





Till now I never approach that 2 witnesses . suppose if they died or not agreed the real truth then how will I go for this case?

Why will they not agree to tell the facts before the court, or whether the will is a forged or fabricated one?, the registered will shall be a valid will even if the witnesses are not turning up or died. 





 How many years my registered will  valid?

It is valid for ever.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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you should file probate and administration order from the court. court will summon all the witness who have signed this Will. if they fail to appear in court then warrant will be issued against them. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
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that sale deed is void under section 53 of the transfer of property act because it is fraudulent transfer made with intent to defeat execution of Will. 
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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Will itself a legal document to establish your right in the property. no need to prove patta as ancillary evidence in support of Will.  
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0

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