Transfer of property with a will
Querist :
Anonymous
(Querist) 14 May 2018
This query is : Resolved
If a person dies and leaves a will - is a legal heir certificate still needed to transfer his property (not ancestral) to his wife? He has stated in his will that after his death, his wife is the beneficiary and then the kids after her death. What about other assets such as a car, etc. I went to the MRO office and they said that the legal heir certificate is valid only for his pension transfer since he was a govt. employee and we should go to the civil court to transfer flats/.property.
Guest
(Expert) 14 May 2018
No need for legal heirship certificate in the case of a will. Only a valid identity proof is necessary in that case. Car, if mentioned in the will can be claimed by the wife, otherwise that will be the common property of all the legal heirs, including wife. Pension can't be claimed by anyone else other than the wife during her life time after the death of her husband.
Querist :
Anonymous
(Querist) 14 May 2018
Thank you Mr. Dhingra - so should I approach the municipal corporation with a copy of the will or do I need to go the civil court? How should I do the transfer?
Kishor Mehta
(Expert) 14 May 2018
In the State of Maharashtra it is essential to get a probate, on the Will, from the Court if property, of the demised person, consists of real estate.
Guest
(Expert) 14 May 2018
Even a copy writer sitting outside the office of the SRO can help you to get the property transferred in your name. You may approach the Municipality or Patwari of the area, as the case may be for further necessary action.
Guest
(Expert) 14 May 2018
@ Anonymous querist,
Are you from Maharashtra State?
Querist :
Anonymous
(Querist) 14 May 2018
No sir - not Maharashtra - from Telangana.
Guest
(Expert) 14 May 2018
When you are from Telangana, I wonder to know, on what assumption, Mr. Kishor Mehta based his advice!
In Telangana State, probate is not essential.
Querist :
Anonymous
(Querist) 14 May 2018
Thank you gentlemen - I think I now know how to go about this. Appreciate your time and direction. Have a great day!
Kumar Doab
(Expert) 14 May 2018
Have you obtained the requisite forms from O/o Authority under whose jurisdiction property falls?
If yes, what is narrated in the forms as required.
Kumar Doab
(Expert) 14 May 2018
GREATER HYDERABAD MUNICIPAL CORPORATION
4. Document details
Gift Deed Regd. Sale Deed
Partition Deed Will Deed
5. In case of Death Death Certificate / Succession Certificate /
Legal Heir Certificate
List of Enclosures:
7. Copy of death certificate / Succession Certificate / Legal Heir Certificate
http://www.ghmc.gov.in/CSC_Applications/Mutation_Transfer_of_Property.pdf
Kumar Doab
(Expert) 14 May 2018
MUTATION
PROCEDURE :
Documents Required:
vii. Copy of Death Certificate / Succession Certificate / Legal Heir
Certificate
http://www.ghmc.gov.in/Property_Tax/Procedure_Online_Mutation.pdf
Kumar Doab
(Expert) 14 May 2018
Get mutation certificates in four days
The Greater Hyderabad Municipal Corporation (GHMC) has announced another ‘Green Channel' initiative which it claims will enable citizens to get mutation certificates or change in owner's name of property, within four working days.
http://www.thehindu.com/news/cities/Hyderabad/get-mutation-certificates-in-four-days/article2118048.ece
So visit the CSC or O/o Authority and complete the procedure....... and get the work done in time as per TAT/stipulated time....
You may have NO need to go to anyone else or any agent/tout (dalal)..or anyone sending you to SRO to person with whom he has setting to get commission (Dalali)...
Kumar Doab
(Expert) 14 May 2018
It is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras....
IT is not mandatory in Telangana....
The MRO seems to have asked for succession certificate from civil court.
Is IT that all other legal heirs have not signed any NOC!
LCI Experts Ms. Usha Kapoor Mr. G.L.N. Prasad are from your state/location and you may check with them for help and inputs on LOCAL rules/precedence's.....
Kumar Doab
(Expert) 14 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Guest
(Expert) 14 May 2018
6 vague and irrelevant posts continuously have been made by Mr. Kumar Doab, a fake expert with unreal name, just to add unduly high scores to his credit, when the querist has already got proper advice.
However, you may post your ID, if Mr. Kumar Doab wants to lick that for his satisfaction, as he cannot give any advice other than copied advice, as has already dis so.
Now you may be able to see, he would make some more senseless posts in continuation, as a person with disturbed mental state.
.
Ms.Usha Kapoor
(Expert) 15 May 2018
Normally the testator appoints executor during his life time to execute and distribute the property after his death You require legal heir certificate and death certificate. are needed to get mutation done in Municipal records youneed to approach Municipality or Patwari. in ROR. since no executor i s appointed by testator.Regarding pension of deceased husband his widow can claim pension during her life time.Since property is in her name she can deal with it in any manner she likes. Legal heir certificate is issued by local Tehsildar and death certificate is issued by Registrar of Birth's and Deaths. l
Ms.Usha Kapoor
(Expert) 15 May 2018
Normally the testator appoints executor during his life time to execute and distribute the property after his death You require legal heir certificate and death certificate. are needed to get mutation done in Municipal records youneed to approach Municipality or Patwari. in ROR. since no executor i s appointed by testator.Regarding pension of deceased husband his widow can claim pension during her life time.Since property is in her name she can deal with it in any manner she likes. Legal heir certificate is issued by local Tehsildar and death certificate is issued by Registrar of Birth's and Deaths. l
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=833855
R.Ramachandran
(Expert) 15 May 2018
Please try to appreciate the situation. No doubt the deceased person has left a WILL in favour of his wife and the assets should go to his children after the death of his wife
But, who will certify conclusively as to how many children he has? Who will certify whether his mother is alive or not? Whether they have any objections to the WILL or not?
Therefore it is necessary to first ascertain the legal heirs of the deceased. This can be done only after getting the legal heir certificate.
Once legal heir certificate is obtained then on the basis of the WILL the wife can seek mutation of her name in the Municipal Records. Once such an application is submitted, before effecting the mutation, the Authorities will address a notice/letter to all the Legal Heirs to ascertain whether they have any objection, if the WILL is given effect to in favour of the Wife. Only when ALL the Legal heirs say that they have NO OBJECTION (and give it in writing) the WILL will be given effect to and mutation of the property will be done in the name of the WIFE.
In case, any one of the legal heirs objects, then Mutation in favour of the wife will not be done.
The matter has to be got settled by approaching the Civil Court.
THEREFORE, OBTAINING THE LEGAL HEIR CERTIFICATE IS A MUST.
Coming to other movable assets like Car, bank balance etc.
Normally the possession of the car will be in the hands of the family. Therefore, they can decide what to do with it.
If any bank balance/FD etc., is available in the Bank, if any Nomination was available with the bank, then the bank will release the amount lying with it to the NOMINEE. The Nominee then has to distribute the same equally amongst all the legal heirs.
In case there is no Nomination available with the Bank, then one has to obtain Succession Certificate from the Civil Court. (While legal heir certificate is for immovable property and has to be obtained from the Tehasildar/SDMs office, the Succession Certificate is to be obtained from the Civil Court. Court fee needs to be paid on the value of the amount that is lying in the bank.)
It is easy for me to simply say that WILL does not require Probate in a particular State; there is no requirement for legal heir certificate; approach this authority and that authority. But when you find that such suggestions are not working on the ground, you will get frustrated and loose faith in such advice!
Therefore, unless you understand the sequence of requirements and the purpose behind such requirements, you will not be able to appreciate the steps. Once you understand and appreciate the required steps, you will not get confused.
Querist :
Anonymous
(Querist) 15 May 2018
Mr. Ramachandran - I did go to the MRO office but he said that the legal heir certificate that they issue is valid ONLY for pension purposes. For property he asked me to go to the civil court for a legal heir certificate. One of the lawyers I contacted here asked me to go directly to GHMC with a copy of the will - I think I will go to GHMCV and then figure out what exactly they want. As Mr. Jigyasu posted the links I will review them as well. Thank you to all of you for your kind responses.
Querist :
Anonymous
(Querist) 15 May 2018
Sorry - links posted by Mr. Kumar Daob. Thank you.
