Ajit George (Retired) 07 June 2018

Transfer of property in name of beneficiary

Hi,

My father left a unregistered will leaving his property to my mother. We approached the village office for transfer of the property in my mother's name. We were informed that since the will was not registered, we would need to get an order from the court.

Kindly let me know:

1. The format of the application to be made to the court. The property is in Kerala.

2. What document of disclaimer should the other legal heirs submit to the court? Is there a format for the letter of disclaimer?

I would be obliged if you could please let me know if the executor of a will need to sign on the will or is it sufficient if the Testator and witnessess sign the will?

Thanks,

Regards,

Ajit

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1 Replies

Pradipta Nath (Advocate) 07 June 2018

Dear Sir,
Please be noted on below stated as per your query: -
The format of the application to be made to the court. The property is in Kerala.
May a joint declaration before a 1st Class Magistrate in the way of an affidavit on legal heirs will be sufficient. Please consult an Advocate in this regard.

What document of disclaimer should the other legal heirs submit to the court? Is there a format for the letter of disclaimer?
May only the death certificate and identity of the legal heirs will be sufficient for this purpose.

I would be obliged if you could please let me know if the executor of a will need to sign on the will or is it sufficient if the Testator and witnessess sign the will?
The author of the will need to sign in the will.

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