Clarrification on my last query....
raokn
(Querist) 27 July 2015
This query is : Resolved
Dear Sirs,
CLARIFICATION on MY QUERY....
The WILL though legally valid and executed it is unregistered without probate or legal heir certificate.
Regards
Rao KN
Respected sirs,
We have a property which we want to let out and register the lease deed.
The property is obtained by our mother through properly executed and valid WILL
of our father who expired last year August.
Query is:
Can we register the lease deed in our mother's name as"OWNER" and LESSOR with the TENANT as the LESSEE, without any other formalities or documents??
Regards
RaoKN.
Chanchal Nag Chowdhury
(Expert) 27 July 2015
Either U obtain Probate or mother alongwith her children executes lease.
Kumar Doab
(Expert) 27 July 2015
If the WILL is probated it shall be permanent solution.
The authority under whose jurisdiction the property falls may have a procedure…………………say………… in case deceased owner has left a WILL and the beneficiary applies tom transfer the ownership on the basis of WILL,……………….. Advertisement in 2 newspapers may be released and if there is no contest then ownership may be transferred……………………….
You might have construed it as WILL is executed and not opposed.
The authority shall transfer the property in the name of all beneficiaries (mother or more).
If the title has been transferred in the name of Mother alone then mother in the capacity of owner can execute………………..or all have to sign…………………….or all may declare mother as rent collector.
All said and done the lawyer that has actually seen all docs on record can advise you the best.
Consult an able lawyer in person.
raokn
(Querist) 27 July 2015
Thank you sirs for prompt replies.
Rajendra K Goyal
(Expert) 27 July 2015
Unregistered will is equally valid. Legal heir certificate not required. Get the will probated to dea with any possible challenge.
