See you need to get the probate of the will and based on same you need to seek order of the court for declaration of your right on second floor instead of fourth floor.
Mistake in a will
My father made a will before his death and allotted 1 of his flat in Pune on my name. The will is registered too. There is a statement in the will which tells that the flat is located on 4th floor instead of 2nd floor (as mentioned in the index2 of the flat). I am planning to sell the flat. How bad is this situation? Do I need to correct this? If yes, how should I proceed and take required steps? How long will it take?
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
11 Answers
No need to probate the will in your case because first of all the will is a registered one .Moreover i believe there is no dispute with regard to validity of will. furthermore, when the will is not registered and some one is disputing the validity of the will, then only it has to be subjected to probate.
You can't correct that will as your father is not alive. But if will has other details of property which are correct will suffice
Will cannot be corrected on father demise
2) there is no such flat on 4th Floor owned by your father
3) apply for letters of administration from district court
Now you can't change it the WILL. You can proceed with probation and later you can sell it. While probating do not mention floor.
1. It cannot be corrected by you as you are not the testator.
2. A prudent prospective buyer will not want to purchase the property as your title becomes doubtful due to the typographical mistake.
3. The maximum that you may do is offer to include a clause in the sale deed to be executed by you which says that 4th floor is mentioned due to mistake. Perhaps you may also have to sell below the market price.
- The testator is the only person legally allowed to change/correct his or her own will.
- Further, A Will can be changed/corrected within 2 years of the date of death of the testator , as long as the beneficiaries in the Will all agree by deed.
- If , your other family members are agree and not having any objection, then within 2 years of time , you can proceed to the Registrar for correcting the mistakes in the WILL.
- Probate of the WILL will not solve your problem, because nobody is chanllenging the said WILL , instead of clearical mistkes.
- If, the said 2nd floor flat is in your possession ,and you are having residential proof , then on the ground of address proof and said registered WILL , you should obtained mutation in your name, and take property tax Receipt.
- After mutation of the 2nd floor , portion , you will not face any obstructle in selling the same.
Error in location of plot dose not effect validity of Will. If the language of the Will is not anomalous and intention of testator is clear to bequeath particular property, Will is perfect.
Also only testator can make the change in Will, any correction.
No need to worry if the flat is situated in same building it is a correctable mistake and society can transfer the flat on your name without any correction in will.
Dear Sir,
The court has a statutory power to rectify a will where it fails to carry out the testator's intentions due to a clerical error or a failure of the will writer to understand the testator's wishes.
You cannot correct this. You have to file for probate and request the court to take these facts into consideration. The court will issue probate if it thinks fit.
Regards
