for making of succession certificate

shashank (Querist) 09 May 2017 This query is : Resolved
sir we r live in a house which is our grandmother house. when she is alive she done a will that after her death the house is of my father.

after my grandmother death, my father did not legally transfer the papers of house to his name. and my father is also expire.
so i have a query that, is my mother can claim to this property or not??

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shashank (Querist) 10 May 2017
please resolve this query as soon as possible

Kumar Doab (Expert) 10 May 2017
It is believed that you are all Hindu.

Confirm!

Kumar Doab (Expert) 10 May 2017
If the owner has left a WILL then 1st of all show the WILL to a very able counsel specializing in succession/civil maters and check if it is valid WILL.

One reason could be that WILL was not valid hence it was not acted upon.

If WILL is not valid the usual/set procedure of succession to legal heirs as per applicable personal law may apply.

Kumar Doab (Expert) 10 May 2017

In case of presidential towns; Mumbai, Chennai, Kolkota it is mandatory to probate the WILL.

At other locations the set procedure for such matters (Testate Succession) should be available on website and O/o Authority under whose jurisdiction property falls, for acting upon the WILL.

Usually certified copy of the WILL, death certificate, legal heir certificate, NOC by all other legal heirs, newspaper advt is required or authority may write to legal heirs to submit objections, if any, in a set/defined period…..

Kumar Doab (Expert) 10 May 2017
If there was any WILL it has to see the light of the day.

The delay in acting upon the WILL arouses suspicion.

Subsequently when the WILL is successfully acted upon and property is transferred to beneficiary, the procedure of inheritance (Intestate Succession) of share of your father has to set in.

His share shall devolve equally upon his ClassI legal heirs: Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……….

Preferably show all docs to a very able counsel of unshakable repute and integrity at your location specializing in succession/revenue/property/civil matters, for a considered opinion, and proceed under expert advice of your counsel.

Dr J C Vashista (Expert) 10 May 2017
The will has already become operative on the death of testator i.e., your grandmother, consequently your father became absolute owner.

After the death of your father the property shall devolve upon all his legal representatives (heirs) including your mother, she has only one share.