1. The properties will devolve according to the will. The plot in Delhi can be directly registered in favour of eldest son by mother. It is not clear as to who executed the POA in favour of your parents.

2. Panipat plot can be mutated in favour of second son in the office of sub-registrar.

3. The properties in respect of which will has been made can be sold only by the beneficiary i.e to whom the property has been bequeathed. The plot bequeathed to second son cannot be sold except by him as the title has in terms of will passed to him.

4. The original documents of the property will not be handed over by the bank to one heir alone unless a NOC is executed in his favour by other heirs.

Mother is one of the legal heirs, and not the sole heir. The will made by your deceased father cannot be altered by her. However, she is free to revoke her will, if any made by her. The execution of will by your father does not preclude the beneficiaries thereunder from arriving at a settlement different from what is prescribed in the will.

1) was the property standing in name of father or in joint names of father and mother ?

2) probate of will is not mandatory in Haryana

3) apply for mutation of propertyin name of legal heirs on basis of will

4) under section 44 of transfer of property act co owner can sell his share without consent of other legal heirs

5) repay the bank loan on panipat property . Inform your second brother that as per will he was the beneficiary for panipat property

6) furnish NOC in his favour to bank to collect original papers

1) mother will not be absolute owner of property on your father demise

2) if she is co owner she can execute will for her share in property and she can revoke the will if she so desires

1. Sir, Can you please guide how to sell out the properties without intervention of 2nd son though we want to provide sufficient money to him also even though he is very cruel to us as he is having 2daughters.

Since your father died intestate, the properties shall devolve on all legal heirs hence without his consent you cannot sell the property.

2. Panipat Property loan we can repay to bank but bank is not ready to give back papers without all heir's. Eldest son is guarantor, can he claim the property paper if he pays the amount.

The property in the name of your father shall devolve on all his legal heirs, the eldest son cannot claim sol ownership in it.

ir, if mother is alive, will she not become legal heir of all property, or can she change the will or register the will in court now so that transaction can be done? Please guide.

Your mother is one among the legal heirs of your deceased father hence she cannot write a will to the entire properties, she can bequeath by will only her share in the properties.