Transfer of property after natural death
Shashwat
(Querist) 26 February 2013
This query is : Resolved
Hello,
My mother passed way recently and in relation to it, there are some properties on her name which now have to be transferred onto to my father's name.
She has left an unregistered will  in favour of my father.
I have got 2 sisters- one married and one unmarried
Please let us know how to proceed with the transfer.
What formalities are required?Â
What documents are required?
Thanks
Arvind Singh Chauhan
(Expert) 26 February 2013
As per the will property shall be muted on your father's name. Your father has to file application for mutation in municipality, attaching the will. After filing he has to prove the authenticity of will, with evidence.
Rajeev Kumar
(Expert) 26 February 2013
Property shall be mutated in municpilaty on your father name after the probate of will and your father have to prove the authencity of the will. It must be signed by two witnesses.
Shashwat
(Querist) 27 February 2013
Thanks..
How would he prove the authenticity of the will?What evidences are required to do so?
Devajyoti Barman
(Expert) 27 February 2013
You need to take Probate of Will first.
ajay sethi
(Expert) 27 February 2013
you have to make application for probate . pay court fees . affidavit of attesting witnesses to prove genuine ness of will .
prabhakar singh
(Expert) 04 March 2013
If the properties bequeathed does not fall with in jurisdiction of any metropolitan city,there may not be legal need of any probate or letter of administration,but are desirable as it keeps the WILL proved for ever.
A probate would be granted only when your mother appointed any Executor in the WILL,other wise a letter of administration would be granted to your father.
I think your will is properly made and signed by two attesting witnesses.It is they who shall prove the will by stating on oath in court(authority) that your mother freely made the will as her last wish and signed before them after it was read over and explained to her and well understood by her as per her last wish and that I(the witness)and He(the 2nd witness)also signed the WILL in presence of testator(your mother).
