Will
Sunil Kumar
(Querist) 19 December 2017
This query is : Resolved
Sir, it is requested to intimate that my father has made a will and in which will my father did not include my mother name and all the property in the name of sons according to the will. At present sons wanted to transfer the property in his names. In the process of transfer the property mothers involvement or signature is required or not or two sons transfer the property in their names.
What will I do in this matter. There is no disputed matter between the sons and the mother.
Pls solve the query.
Sudhir Kumar, Advocate
(Expert) 19 December 2017
perusal of documents is required before forming a view in such case. Meet a lawyer.
Kumar Doab
(Expert) 19 December 2017
It is 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.
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.
Kumar Doab
(Expert) 19 December 2017
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.
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.
IT is a simple procedure and generically speaking there is NO need of a Lawyer for IT.
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
It is simple process more so in case of NO dispute amongst legal heirs and Mr. Sudhir Kumar can agree that there is NO need for Lawyer.
There is NO sarcasm in the post.
Kumar Doab
(Expert) 19 December 2017
Same Query;
http://www.lawyersclubindia.com/experts/Transfer-of-property-on-the-basis-of-will--665946.asp
SHIRISH PAWAR, 7738990900
(Expert) 20 December 2017
You have to file application for probate in court and thereafter you can transfer the property in all brothers name. Your mothers signature is not required for transferring the property in brother's name.
Kumar Doab
(Expert) 20 December 2017
If you and property are in Haryana probate is not required.
If there is NO dispute amongst legal heirs then thee should no contest and hence chance for requirement of probate.
Complete the simple procedure as posted above.
