Transfer of property on the basis of will.
Sunil Kumar
(Querist) 19 December 2017
This query is : Resolved
It is intimated that we have three brothers and my father (deceased) make a will in which the property distributed in equal shares between three brother and the will is not registered till date. We want to transfer the property in the name of three brothers. What is process to transfer the property. How much amount is to paid as revenue or in which type of documents is attached.
Conveyance Deed
Transfer Deed
I do not know please intimate us.
Kumar Doab
(Expert) 19 December 2017
It s believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 19 December 2017
It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.
It is no mandatory to probate the WILL other areas. It is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; ‘Testate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
Check locally and comply with procedure.
Kumar Doab
(Expert) 19 December 2017
If there are NO differences amongst legal heirs then there should be NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
There might be NO or reasonable/negligible fee for it.
Thereafter obtain copy of updated mutation records showing ownership in the beneficiaries.
If there is mention of boundaries in the WILL then authority shall mention share by boundaries.
If beneficiaries intend to mention share/divide by boundaries then they may do so by registered family settlement deed/Partition deed.
It WILL is contested it lands up in probate court of pecuniary jurisdiction.
Kumar Doab
(Expert) 19 December 2017
Same Query;
http://www.lawyersclubindia.com/experts/Will-665941.asp
kavksatyanarayana
(Expert) 20 December 2017
If the property is situated in Chandigarh your three borthers may divide the property in 3 equal shares and get the document be prepared and get the document registered as Partition deed. In some states are reduced the stamp duty for Partitions and gits etc. If the property is situated in Bombay chennai and calcutta etc cities, the will should be probated.
Kumar Doab
(Expert) 20 December 2017
In Haryana it is not mandatory to probate the WILL.
