How to get property inheritance against registered will from father to son name

Rajesh (Querist) 08 September 2016 This query is : Resolved
Hi Sirs,

My father left registered will in my favour , I have ONE elder brother and two married sisters ( elder). my mother also passed away in 2011.

my query is

1. how to get property inheritance on my name? what is the process.
2. what will fees
3. brother and sisters presence or consent is required by Court? even,if will is registered?

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Kumar Doab (Expert) 09 September 2016
Obtain requisite forms from authority under whose jurisdiction property falls to complete the formalities as per procedure.

Ask the procedure from concerned staff.

Certified copy of WILL, death certificate, legal heir certificate/affidavit etc etc may be required.

The other heirs may be asked to sign NOC and/or newspaper publication may be released.

If WILL is contested it may have to be probated.

If you are in presidential towns it is mandatory to probate the WILL.

A very able counsel can help you further.

Raj Kumar Makkad (Expert) 10 September 2016
The procedure is very simple. Approach the concerned authority which has to record the change in the ownership with entire relevant documents by making representation and follow further guidelines.

It should also be kept in mind that if the property was ancestral in the hands of your deceased father then will can definitely be set aside if your other siblings challenge it though right to challenge still subsists.

Rajesh (Querist) 11 September 2016
Sir,

Property was purchased by my father himself approx 40 years back, in such case NOC from other family members can be asked? what, if NOC declined by any of Family members?

Kumar Doab (Expert) 11 September 2016
Registered WILL can also be contested, although it may not be set aside on the counts of authenticity.

It has already been posted that:

'newspaper publication may be released.

If WILL is contested it may have to be probated.
'

Rest check with the authority.

A very able counsel can help you further.

Guest (Expert) 11 September 2016
No need of NOC from other legal heirs in case of a registered will in favour of one of the legal heirs.

Kumar Doab (Expert) 11 September 2016
The process and forms shall be provided by authority.
In case there is no possibility of NOC then it may as for newspaper publication.

Approach the authority and inquire as it has to update the records.

Rajendra K Goyal (Expert) 21 September 2016
Agree with the expert Kumar Doab.

Rajesh (Querist) 21 September 2016
Thanks a ton to all experts for valuable inputs...

Guest (Expert) 21 September 2016
Thanks for the appreciation.

Kumar Doab (Expert) 21 September 2016
You are welcome.

It is indeed good to see that some querist do come back to appreciate the efforts made by the experts.

Ms.Usha Kapoor (Expert) 10 July 2018
Agree with expert Kumar Doab.

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