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Property transfer

(Querist) 19 July 2012 This query is : Resolved 
Hi,

My grandfather was living with his sister and brother in law since he was 8 years old.He got married at his sister;s place only and his family(my father and so on) is living there since then.When my grandfather's brother in law died he willed all his property on my grandfather's name through registered deed.will is dated in 1974.what is the procedure to transfer the property on our name.
2nd situation-few of the property has been sold by my grandfather's brother in law's nephew.How do i get that back
Devajyoti Barman (Expert) 19 July 2012
First take Probate of the Will and then apply for mutation of his name in Municipality Register.
You have to file suit for recovery of possession to get back those properties.
Raj Kumar Makkad (Expert) 19 July 2012
The beneficiary of the will means your father didn't took any action to get the property transferred in his name during his life time and even he didn't took any pain to restrain the nephew of his brother in law to sale the part of the property and even if sold he had not tried to take that property back so there are little chances for you but despite of that you should try to get the will probated and at least secure the property under possession of you.
Raj Kumar Makkad (Expert) 19 July 2012
Inaction over will for a period of about 50 years is also a big hurdle for you. You engage a senior local lawyer and take action as per his advice.


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