Apply for probate of will
probate is judicial proof that will is genuine
enclose affidavit g one of attesting witnesses
if there is no contest you would get probate in 6 months
then you can sell the property
Transfer of property through will
A plot was registered on my sister's name. She passed away last year. She was 85 yrs old. She left behind her husband and 2 children. She made a "Will" while she was alive and in sound mind. In the "will", she mentioned that the ownership of the plot after her death would go to her brother (i.e. Myself). The "will" is now executed. And today, 1 year after the death of my sister, the plot is now transferred to my name in all the legal land records. Without any objection from the Husband nor the children. Now, I want to sell the said plot, but the bank says that the "will" I have can be challenged. Hence, it cannot be kept as a mortgage in the bank. Therefore I am unable to sell it to my buyer. please help what should I do so that I can sell it to the buyer and he can take a loan against the plot. thanks
Asked 2 years ago in Property Law
Religion: Hindu
10 Answers
The stand of bank is not correct. Since bhopal is not UT area so probate in respect of WILL of sister is required to be obtained from court and thereafter it attains finality.
The bank's contention that the Will can be challenged is without any basis. The property can very well be mortgaged or sold. There is no legal hurdle.
You can seek probate of the will and sell the same if you have doubt
Dear Client,
It is recommended that you apply for the probate of the will. Probate serves as a judicial confirmation that the will in question is authentic and legally binding. As part of the application, it is essential to enclose an affidavit from one of the attesting witnesses to support the validity of the will. Assuming there are no legal disputes or contests regarding the will, it is likely that you will be granted probate within a period of six months.
Once the probate is obtained, you will gain the legal authority to administer the deceased person's estate in accordance with the terms laid out in the will. This authority includes the ability to sell any properties mentioned in the will. Selling the property can be pursued as part of the estate administration process, allowing you to carry out the wishes of the deceased individual and distribute the assets accordingly.
1. Let your brother-in-law and your sister's children execute a registered Reliquishment Deed in the jurisdictional Sub Registrar's Office in your favour.
2. Based on the above Relinquishment Deed and the WILL, the Bank may accept it for sanctioning the home loan.
The bank has no rights to question the authority which transferred the land and revenue records to you on the basis of ill.,
You may ask your friend any other bank whom will grant loan
It is not clear whether you got the Probate issued on the Will from the concerned Court or not. However, I can make out from the contents of the question that you must have got the Probate otherwise the Plot would not have been registered in your name. If the Plot has been transferred in your name and the ownership has also been changed on municipal records i.e. mutation of property in your name, then there is no question of challenge to the will by anyone. Banks generally take a safer way and avoid granting loan against any property if they have any doubt. In this case the Bank seems to have created unreasonable doubt on your ownership. You may ask the Bank or the prospective purchaser may ask the bank to go for legal search (due diligence) by an advocate and get the title documents vetted and then consider the loan application. If it is a Nationalized bank then the prospective purchaser may approach the Bank's higher authorities to intervene. If there is no defect in the title then Banks should not refuse loan against any property unless there are other grounds for refusal.
Bank official is idiot. Change the bank.
Is this WILL registered ? If yes show bank supreme court judgement about registered document, therefore, prima facie would be valid in law.
- You can file a petition before the court for probate of the Will
- Probate is a process to authenticate the Will by the court.
- Since, there is no objection from her legal heirs , the you can get the probate order within a short period of time
- However, NOC is needed from her legal heirs for getting the probate.
