Transfer of property after father's death
Sankar Devarajan
(Querist) 08 January 2018
This query is : Resolved
My father died on 29th March 2016 at Coimbatore. He has a house property (apartment) in Coimbatore. My mother is not alive and I have a sister who is married. My father has left a will wherein he has nominated me as the heir for his property.
How do I go about transferring the property in my name.
D.Sankar
Guest
(Expert) 08 January 2018
Consult an Advocate and Proceed with Probating the Will in the concerned Court.
R.Ramachandran
(Expert) 08 January 2018
From the way in which you have written, it appears the WILL in question has not been registered.
Whether your sister is aware of the Will. Whether she is agreeable that the property has been bequeathed by your late father in your favour? If she is OK with the WILL, then you can approach the Municipal Authorities for mutation of the property in your name, on the strength of the WILL. The Authorities would demand the NO Objection Certificate from your sister. If she gives, then on the basis of the WILL plus the NOC from your sister, the authorities will mutate the property in your name.
In case your sister will not be giving you the NOC, then you have to approach the Court for probate of the WILL. The Court will issue notice to your sister to ascertain her reply to your claim.
Thereafter, after analysing the claim and counter claim of the parties, the Court will either grant Probate of the WILL or reject it.
If the Court grants probate of the WILL in your favour, then you have to wait and see whether your sister accepts the verdict or prefers an Appeal. If she prefers an Appeal, then you have to defend your case and so on. This will go upto Supreme Court and then only the matter will attain finality.
Kumar Doab
(Expert) 08 January 2018
The said apartment is under jurisdiction of which authority say; MC or say Some Co-OP housing Society?
Is there any provision for nomination for Apartment in rules of the authority?
If yes; are you nominated in the records of authority also?
Which personal law applies in your case say; Hindu?
What is the nature of said property in the hands of deceased testator; self earned/acquired, ancestral?
I this WILL registered and/or have you checked if the WILL is valid?
Confirm!
Kumar Doab
(Expert) 08 January 2018
It is mandatory to probate the WILL in the areas of Madras, Bombay, Calcutta.
It is not mandatory to probate the WILL in other areas!
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls has a set procedure for such matters if a valid WILL has surfaced; Testate Succession…….
and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the valid WILL death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask to submit NOC from legal heirs (other than beneficiary) and/or ask to release Advt. in newspapers asking for objections if any and/or write to legal heirs asking to submit objections if any in a set time.
If there are NO objections the authority shall relate with provisions of personal law that applies and update ownership per valid WILL in mutation records.
If the WILL is contested by legal heir(s) or anyone else that has stake in bequeathed estate, IT lands up in probate court of pecuniary jurisdiction and court shall decide the matter.
Kumar Doab
(Expert) 08 January 2018
If you wish and even if NO dispute/challenge
If you wish and even if dispute/challenge occurs, you can strike a amicable settlement deed register the amicable family settlement including the WILL in IT.
Guest
(Expert) 08 January 2018
Before making 3 (three vague and irrelevant posts as of playing merely a number game, Mr. Kumar Doab should have known that Coimbatore is neither Madras, nor Bombay, nor Calcutta city, whereas he has advised for mandatory probate of will in all these three cities. The question related only to the property of Coimbatore city.
