Jatinder 09 December 2015

Clarity on probate /will process

Respected Advocates,

My father made a WILL (on A4 paper) that got registered in the Sec 12 District Court of Faridabad on 16 Oct 2015. He himself was present alongwith 2 witnesses for signature, picture and biometric. My father expired on 11 Nov 2015 leaving behind his wife (71 Yrs), son (myself 40 yrs) and my younger sister (34 years). He has 2 properties, One house in Nasik (Maharashtra) that he has named to my sister and a flat in Greater Noida (UP) in my name. Rest (cash / Jewelry etc) will be in my mother’s name. We have no dispute in the family on the WILL. I have following questions:

What all legal things I and my sister has to do as the new owner of the properties…one house is in Nasik (Maharashtra) and Flat is in Greater Noida (UP). We are permanently settled in Faridabad and WILL is also registered in Faridabad district court
Is it mandatory to probate a WILL within 30 days of the death of the executer of the WILL?
What is the % of the property evaluation that needs to be deposited in the court?
What is the process of hiring an evaluator to evaluate the value of the property in Nasik and Greater Noida?
Any other legal thing that we need to take care of to avoid any complication later?

Thanks a lot in advance for your time and help

Regards

Reply Follow

3 Replies

G.L.N. Prasad (Retired employee.) 09 December 2015

Please provide a copy of will and get the properties mutated after submitting prescribed appllication and fees with Municipality/corporation.

Though will is not a document that requires compulsory registration, it is advisable.

Further formalities like providing the same to society etc., you can get guidance from Flat owners society. As you have only inherited, as natural legal heir at this point of time, valuation may not be necessary at this point of time. However, contact a Tax consultant for your satisfaction.

Kumar Doab (FIN) 09 December 2015

The owner has died.

You may explore if after death also WILL can be registered.

The WILL may be executed. Since there is no dispute there shall be no cloud on the WILL.

The authority under whose jurisdiction the proeprties fall have the set procedure and all ClassI legal hiers shall be asked to sign and paper advt may also be asked for.The procedure in explained on website and brochure/application form.

Thereafter the property shall be mutated in the names of respective beneficiary.

It is mandatory to probate the WILL in presidential town and may not be manadatory in Noida/Nasik.If probated it bears the stamp of court.

The fee is minimal/reasonable and you may inquire yourself.

You may seek help of local lawyer if required.

T. Kalaiselvan, Advocate (Advocate) 18 December 2015

On the basis of registered Will, you can apply for mutation of revenue records through concerned authorities at respective places.

For mutation and transfer of records on the individual's name, certain formalities are required to be observed which can be known from the offices of the authority granting approval for mutation of entries.

Also if necessary, a deed on the name of the beneficiary of the Will may be executed and registered to hold the title document .

Take the help of a local advocate to make the records straight.