probate of regd will
pk makkar
(Querist) 14 August 2016
This query is : Resolved
My father made will of property.Now he is expired.To get will effective probate is required or not.I intend to get property mutated in my name as per will
Ms.Usha Kapoor
(Expert) 15 August 2016
Dear Client,
If you are the only surviving Legal heir and no other legatees/sisters/brothjers/your mother etc are not there to fileobjections etc get probate in High Court in order to prove authenticity of will. File news paper publication also inviting objections from any one who is interested in claiming under the will to file their objections..Your FATHER Has not APPOINTED ANY EXECUTOR TO EXECUTE THE WILL AND DISTRIBUTE PROPERTY COVERED BY WILL TO LEGATEES? Apply FOR letters OF administration to be issued by the court... Probate COURT WILL ISSUE A NOTICE In its INQUIRY FOR OTHER CLAIMANTS TO FILE OBJECTIONS. iF NO OBJECTIONS ARE FILED IF YOUR PROPERTY IS Located in Metropolitan areas such as Mumbai, Kolcutta,,, Chennai, Hyderabad ETC ONLY PROBATE IS REQUIRED. I PRESUME THIS WILLED PROPERTY IS SITUATE IN METROPOLITAN AREAS. once WILL'S AUTHENTICITY IS PROVED IN PROBATE PROCEEDINGS YOU CAN PROCEED TO GET MUTATIONS DONE IN LAND/REVENUE RECORDS of concerned District.Except in Metropolitan Areas and some designated tier 1 cities, no probate requirement is there in respect of property situate in any District, town, Tier 2, tier 3 cities Etc.If your siblings and sisters etc are not interested in the willed property take a relinquishment deed from them that they have no right, title, interest in the willed property and they don't have any objection if you are the only legatee of the will.
P. Venu
(Expert) 15 August 2016
Probate is not general requirement; probate required for Wills executed and properties situated in specified localities.
Kumar Doab
(Expert) 15 August 2016
Check with authority under whose jurisdiction the property falls.
You may have to complete a simple procedure and simple forms.
Rajendra K Goyal
(Expert) 15 August 2016
Probate is not mandatory in many states, it is always better to get it done.
If in your state getting the will probate is not required, approach the revenue / municipal authority to get it mutated. Can get guidance of local lawyer.
Kumar Doab
(Expert) 15 August 2016
The authority under whose jurisdiction the property falls, may also ask to release advertisement in newspaper.
Check with the authority.
Probate of WILL is mandatory in presidential towns.
Registered WILL may not be set aside on the counts of authenticity.
Certainly is is better to probate the WILL.
Further your own counsel can guide as per facts of the matter.
adv.bharat @ PUNE
(Expert) 15 August 2016
Check with authority under whose jurisdiction the property falls. You may have to complete a simple procedure and simple forms.
Dr J C Vashista
(Expert) 16 August 2016
In few of the states mutation of will is not compulsory and title of the property shall confer/transfer in favour of beneficiary, check with a local lawyer.
Raj Kumar Makkad
(Expert) 17 August 2016
I do concur with the valuable advice of the experts covering all aspects of the query.
Guest
(Expert) 17 August 2016
Although the querist is accustomed to post academic queries, but well advised by experts.
Earlier he posted query about "payment of share in property in cash." If he has will in his favour, where was the question of share of his brother?
Kumar Doab
(Expert) 19 August 2016
Author has clarified in another thread that;
"I got will of half share not knowing that decree is already passed for full property in brother favour....................ownership issues is yet to be decided by court..............Ownership will be proved by court on the basis of decree dt1995or registered will dt 2008.Brother has filed case for canceling mutation in my favour on the ground that father after declaratory decree cannot make will."
http://www.lawyersclubindia.com/experts/per-mensem-profit-612691.asp
"I m claiming half share in property on the basis of registered will of 2008 but full property is in possession of my brother who is claiming ownership on the basis of declaratory decree given by court in 1995.Case is going on in court.I got will of half share not knowing that decree is already passed for full property in brother favour.I have got mutation of my share on basis of will but brother didn't get mutation on basis of decree.Property is being used by brother alone.I have filed partition suit and claim for mensem profit of my share.My claim will be maintained or not as ownership issues is yet to be decided by court.Ownership will be proved by court on the basis of decree dt1995or registered will dt 2008.Brother has filed case for canceling mutation in my favour on the ground that father after declaratory decree cannot make will.please guide my claim for pr mensem profit and division of property on meted and bounds is maintainable or not.Property was self acquired by father and is in possession of brother since 1995. '
Guest
(Expert) 19 August 2016
Kumar's observation reveals that the author has contradicted every thing through his own queries. So, he is posting hypothetical academic queries without any problem being faced by him.
Kumar Doab
(Expert) 19 August 2016
It shall be certainly better to show all case documents and share inputs with a very able counsel specializing in such/revenue/property/civil matters for a considered opinion.
Dr J C Vashista
(Expert) 21 August 2016
Constant silence of the author qua observations and comments of experts on the repeated, hypothetical, academic and stupid query raised implies "total abuse of the platform" for which admin is requested to filter such query and delete his account.
Absurd and ridiculous.
Kumar Doab
(Expert) 21 August 2016
In other thread the author has once again posted that;
"Can I expect opinion of experts in the matter? With due apologies to the experts I note that they r generally evading reply on one pretext or the other."
http://www.lawyersclubindia.com/experts/per-mensem-profit-612691.asp
