My sister had no issues. My uncle died two years before. After that, my sister got the legal heir certificate. Then she wrote a Will stating that the house, which is in my Uncle's name, will belong to me after her demise, It was typed in a green sheet and she signed along with two witnesses signatures. She passed away before the Will got registered. She handed over the property documents as well. My uncle had one elder brother and 3 sisters. Elder brother passed away and he has two sons and a daughter. Currently I am paying the EB, Property Tax, and the house in my possession. Please advise the next course of action to be taken. Thanks for your support.
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You mean your cousin sister right? As your sister's father was your uncle. Therefore she may have been the only child.in that case the property belonged to her. The will although not registered still holds good.
You should apply for mutation in your name.also file a declaratory suit in the district court so that there is no dispute.
Sir, She is my own sister and got married. No issues. I was the one who took care for the past 3 years. She willingly wrote the Wiull in my name. Now, my uncle's elder brother's sons are saying that they are the legal heirs and the house should come to them. Please advice what to do next? Thanks for your support.
If she was your real sister then she cannot claim on the property of her uncle unless he had registered a will in her name or gifted her the property.
Now if that is the case ie the property belonged to her then yes you have a case.
Otherwise your uncle's siblings have a share.
On demise of uncle intestate his brother and sisters would be legal heirs
you have not mentioned how your sister got legal heir certificate
was she married to uncle .kindly clarify
whether mutation was done in sister name on basis of legal heir certificate
You have to apply for probate of will
probate is judicial proof that will is genuine
Facts:
Advise:
Sir, I would like to clarify. He is my Uncle. This means my sister's husband. They both worked hard, bought a land and built a house but the house is currently in my uncle's name (My sister's husband). This is their self-acquired property. They had no children. I am her only brother. How to approach the court to transfer the property in my name? Please advise. Thanks.
Alright. Now in north India uncle means father's brother. Sorry for that. Now yes she has full rights over the property and hence the will is valid and you have the rights. The will is sufficient to prove your ownership.
Go for probate on the basis of the will and obce you obtain probate then ask the authorities to transfer the property in your name.
If the same is her self acquired property and there is no will made by her then only class 1 legal heir will get the property that is the husband. You can only contest if she has made any will in your favour
On uncle death your aunt ie your sister would be absolute owner of property
on her demise you would inherit her property as her legal heir as per sister will
apply for probate of will
This means the person who died was your sister's husband and the property is self-acquired property hence after the demise of her husband she is the only legal heir of his property with his mother if she is alive and no other person shall be entitled to get any share from his property either movable or immovable or both.
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The property was transferred to your name by your sister by a Will.
She acquired the property from her deceased husband and also obtained a legal heirship certificate in respect of her deceased husband.
Thus being the only legal heir to her decesed husband she becomes the absolute owner of the property with clear and marketable title to the property.
Therefore on the basis of her absolute ownership the transfer of this property by her in your favor by executing a Will is very much valid and legally enforceable,. therefore you may approach the concerned revenue department to mutate the property to your name.
In case they refuse to do so, you may get the Will probated by a court of law competent to grant probate and with the orders of probate, you can get the property mutated to your name and enjoy the property by taking possession as an absolute owner with clear and marketable title on your name.
If your sister was reported to have died intestate then the property left behind by her may devolve on her deceased husband's heirs since it was acquired by her from her husband.
But as she had taken possession and became an absolute owner of the proeprty and also had made arrangement to transfer the property legally by writing a Will, the situation will be that the beneficiary of the Will shall be the owner of the property, her decesed husband's siblings do not have any rights in this property anymore.
Your deceased sister being the only legal heir to her decesed husband she becomes the absolute owner of the property with clear and marketable title to the property.
Therefore on the basis of her absolute ownership the transfer of this property by her in your favor by executing a Will is very much valid and legally enforceable.
Hence, you may approach the concerned revenue department to mutate the property to your name.
In case they refuse to do so, you may get the Will probated by a court of law competent to grant probate and with the orders of probate, you can get the property mutated to your name and enjoy the property by taking possession as an absolute owner with clear and marketable title on your name.
Your deceased sister being the only legal heir to her decesed husband she becomes the absolute owner of the property with clear and marketable title to the property.
Therefore on the basis of her absolute ownership the transfer of this property by her in your favor by executing a Will is very much valid and legally enforceable.
Hence, you may approach the concerned revenue department to mutate the property to your name.
In case they refuse to do so, you may get the Will probated by a court of law competent to grant probate and with the orders of probate, you can get the property mutated to your name and enjoy the property by taking possession as an absolute owner with clear and marketable title on your name.
Your deceased sister being the only legal heir to her decesed husband she becomes the absolute owner of the property with clear and marketable title to the property.
Therefore on the basis of her absolute ownership the transfer of this property by her in your favor by executing a Will is very much valid and legally enforceable.
Hence, you may approach the concerned revenue department to mutate the property to your name.
In case they refuse to do so, you may get the Will probated by a court of law competent to grant probate and with the orders of probate, you can get the property mutated to your name and enjoy the property by taking possession as an absolute owner with clear and marketable title on your name.
Your deceased sister being the only legal heir to her decesed husband she becomes the absolute owner of the property with clear and marketable title to the property.
Therefore on the basis of her absolute ownership the transfer of this property by her in your favor by executing a Will is very much valid and legally enforceable.
Hence, you may approach the concerned revenue department to mutate the property to your name.
In case they refuse to do so, you may get the Will probated by a court of law competent to grant probate and with the orders of probate, you can get the property mutated to your name and enjoy the property by taking possession as an absolute owner with clear and marketable title on your name.
1. Registration of WILL is not compulsory but only optional. Even an unregistered WILL will have the same legal validity as that of a registered WILL.
2. Based on the WILL executed by your sister, death certificates of your sister and her husband, apply for transfer of property in your name in the jurisdictional Corporation/Municipality/Gram Panchayat office and the mutation of the property will be done in your name based on the above records.
The Will has to be examined before rendering opinion.
G.RAJAGANAPATHY
High Court of Madras
- As per law, after the demise of your sisters husband , his property would be devolved upon his legal heirs ie. your sister being the issueless.
- Since, she died after writing a WILL in your favor , then you can claim the property legally.
- Further, the registration of a WILL is not mandatory , but if there is dispute for the property then the WILL should be probated from the civil court.
Dear client,
In the absence of a registered will, the assets will go to the direct legal heirs of the deceased. This will be regardless of the fact that you have been taking care of the house.
Thank you.
