Transfer of property share on basis of unregistered will
Shashwat
(Querist) 13 May 2013
This query is : Resolved
Hello,
My query is related to transfer the ownership of my mother’s property share to my father's name.
Situation:
A private builder is constructing an apartment building in Noida, UP in which my mother & father holds one flat under CLP scheme. They have been paying instalment s regularly to the builder. My mother & father own 50% each of the flat.
Now, after the sad demise of my mother, my father is looking to transfer her 50% share to his name as per the will left by her.
She has left an unregistered will in presence of 2 witnesses which says that her share bequeath to my father.
Now, the problem is that the builder is not accepting the unregistered will and is asking for succession certificate to transfer my mother's share to my father.
Are they right to ask for succession certificate? Shouldn’t just unregistered Will suffice the requirement?
Thanks,
Devajyoti Barman
(Expert) 13 May 2013
Succession certificate is allowed in case of probate. he may however take probate of Will. It would be in use later on in many situations.
Shashikant V. Patil
(Expert) 13 May 2013
You can obtained succession certificate from Civil court. And your mother's will is unregistered, still that also required to take probate from competent authority.
ajay sethi
(Expert) 13 May 2013
builder does not want other legal heirs to come forward and raise claims later . hence he wants succession certifcate . better obtain probate of will .
Shashwat
(Querist) 13 May 2013
Thanks for replying.
How should my father probate the will?
Is there any document which outlines the procedure/steps to do so?
Thanks,
Shashwat
(Querist) 14 May 2013
Experts,
Thanks for replying.
Would you please let me know that How should my father probate the will?
Is there any document which outlines the procedure/steps to do so?
Thanks,
arunprakaash.m.
(Expert) 15 May 2013
Section 276 of the Indian Succession Act, 1925 eloborates procedures for probate of a will.
District court having relevant juridiction is the competent court to issued probate.
However in your case the property is sitated in NOIDA and the your mother had not resided at Mumbai, Kolkatta and Madras getting probate is not compulsory
