will executed by father but after his death how to transfe

Querist : Anonymous (Querist) 31 January 2010 This query is : Resolved
a hindu father executed a will for his self acquired properties .
in the will he stated that
1.after my death all the immovable and movable properties pass to my wife.
2.after her death certain immovable and movable properties are earmarked to be given to my daughter( major and married) and other properties be given to my son.
son is also major.
now my query is
A) after the wife's death how do the children transfer the immovable properties in their names (mutation).
B)regarding bank /nbfc fixed deposits(these are in joint names of husband and wife) how to transfer the same in the name of the children after their mother death.
regards,
venkat

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Raj Kumar Makkad (Expert) 31 January 2010
A. After death of their mother, both brother and sister have got equal share to inherit the properties which stand in the name of their decease mother either acquired through will by her or may be her self acquired properties.

B. Same is the procedure in the given matters.

A V Vishal (Expert) 31 January 2010
A) after the wife's death how do the children transfer the immovable properties in their names (mutation).

The children have to get LOA from the court in case the wife's dies intestate, in case she has executed a will then it needs to be probated, however, from the query it is unclear what the father has willed in his last will, is it only a life interest is given to wife or the entire property is passed on to her.

B)regarding bank /nbfc fixed deposits(these are in joint names of husband and wife) how to transfer the same in the name of the children after their mother death.

If she has a will then probate is sufficient to cover all moveable and immoveable properties. In case she dies without a will you need to apply for succession certificate to claim the moveable properties.

B K Raghavendra Rao (Expert) 01 February 2010
Succession Certificate from a civil court is the answer for your query. You need to obtain succession certificate and in accordance with the succession certificate, you could the immovable property registered in your and your sister's name, and also you can draw jointly the fixed deposit amounts from banks.

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