What is the procedure and how long it takes
binod
(Querist) 23 January 2013
This query is : Resolved
We are staying in a house the lad area is 2katha 10 lusa which was in the name of our father's uncle. My father's uncle wrote a will stating that my father is the rightful owner of the land. - how much time it should take to tranfer the property to my father's name. And what is the process. Can you guide please
Advocate Ramesh
(Expert) 23 January 2013
only a will come to force after the demise of who wrote will. After the death, immediately the will come into effect.
Devajyoti Barman
(Expert) 23 January 2013
Where do you stay? If in your place taking of probate of Will is mandatory and the author of Will is dies then do apply for probate first and then apply for mutation in his name.
ajay sethi
(Expert) 23 January 2013
apply for probate . it can take a year .
binod
(Querist) 23 January 2013
I applied for a probate and got an order which is 5 pages long. It states something like this...This is an application u/S 217/218 of the Indian Session Act 1925 praying for grant of probate in respect of will dtd .....
Perusal of the record reveals that by order dtd 17/12/11 Ld Predecessor-in-office, directed the circle officer to submit a report regarding the present valuation of the decretal property...which opined that the valuation would be Rs----. Accordingly the office is directed to issue probate subject to payment of requisite court fees.
Misc.(P) Case disposed off
Keep the original WILL in safe custody.
Now what is the next step ?
ajay sethi
(Expert) 23 January 2013
pay the court fees as per valuation of the property . then you will get probate
binod
(Querist) 23 January 2013
That information I got on 29/11/12 but when I went to pay the fees they gave me another notice saying
"Record reveals that the property in question involves a house standing on the land. However the circle officer has not taken into account the valuation of the house. Pehlom Nos 1(a) b 1(e) to take steps to obtain valuation report of the house in question. Record be put up after submission of valuation.
I am confused as to why house is taken into account for land property transfer. Now what would be the next step and how long it will take. It had already taken more than a year for this whole thing.
binod
(Querist) 23 January 2013
also when I check the kiosk (computer) installed in the court it says the case is disposed off. but I am getting another notice about house valuation ???
Raj Kumar Makkad
(Expert) 23 January 2013
You have to pay stamp duty and so the notice is coming to you.
binod
(Querist) 23 January 2013
Mr Ajay Sethi. thanks for your guidance so far. I am waiting for your advice on my last message.
binod
(Querist) 23 January 2013
Mr Ajay Makkad...either I don't understand your message or you didn't read my last message about house valuation.
ajay sethi
(Expert) 23 January 2013
court fees depend upon valuation of property . it appears that circle offoicer had not taken into account valuation of house but only land . if house value is taken into account court fees will increase . so you have to get valuation of land with house and pay court fees . only after you get tvaluation done will case proceed
binod
(Querist) 23 January 2013
what exact steps I need to take now. Should I request the same circle officer to get the valuation. once valuation is done where should I submit the report. Or will the court send notice to the concerned govt engineers to do the valuation.
Most importantly why they didn't get land valuation before. this case was going on for more than a year.
binod
(Querist) 23 January 2013
probate application was first submitted in 2008 and still I have not got the probate. Is it normal to delay 4 to 5 years? if it is not normal whom should I complain ? is there any consumer court for this kind of grievance.
