Transfer of property
pauldaviesthekkanath
(Querist) 15 December 2016
This query is : Resolved
According to my father's will the house is for me . But the will is not registered. I have two sisters. what is the procedure for transferring the house to my name? Should I consult a lawyer or go directly to the village office. Do I have to get affidavit from my sisters.What is the procedure if my sisters refuse to agree to sign affidavit?Is it necessary to probate the will.
Rajendra K Goyal
(Expert) 15 December 2016
Will need not be registered, unregistered will is also valid till will is valid technically.
Probate of will is not mandatory except few places of the country.
No affidavit is necessary from other family members if the property was self acquired by the deceased.
kavksatyanarayana 
(Expert) 15 December 2016
Agreed with the advise of Mr.Rajendra k Goyal sir.
Kumar Doab
(Expert) 15 December 2016
Generically speaking:
Submit death certificate, certified copy of WILL, legal heir certificate,NOC of all legal heirs (other than you) to authority under whose jurisdiction property falls e.g; Patwaari.
The authority can let you know of formats/formalities as per procedure.
P. Venu
(Expert) 16 December 2016
You may approach the local revenue authority with the death certificate and the Will. It is immaterial that the Will is not registered.
Kumar Doab
(Expert) 16 December 2016
It is not mandatory tom register the WILL.
Approach the concerned revenue official, authority.
Dr J C Vashista
(Expert) 16 December 2016
In case of unregistered will the witnesses have to prove that the testator has signed in their presence.
Since the sisters do not agree to the covenants of testator and prefer a claim for their share from their deceased father's property, probate of will is compulsory in any state.
Kumar Doab
(Expert) 16 December 2016
You have posted that:
"What is the procedure if my sisters refuse to agree to sign affidavit?Is it necessary to probate the will.
'
Rather than What/If::: Post whether the sisters are willing to sign NOC or not?
The authority may even ask tom release advt in newspapers, inviting objections.
In case of objections: WILL can land up for probate in court of pecuniary jurisdiction.
