Will related
Querist :
Anonymous
(Querist) 15 November 2011
This query is : Resolved
I'm the only child to my parents. My mother is no more. We are living in tamilnadu. we have immovable properties of house and lands. Is it a must for my dad to write a will for me or just acquiring a legal heir certificate (after my father demise) is enough for me to sell the properties.
Thanks for your answer
Devajyoti Barman
(Expert) 15 November 2011
You have to take probate of the Will.
Shonee Kapoor
(Expert) 15 November 2011
Agreed, if there is no other legal heir, you can get it probated in your name.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 15 November 2011
agree with the experts
Rajeev Kumar
(Expert) 15 November 2011
I agree with above experts
Querist :
Anonymous
(Querist) 15 November 2011
THanks a lot for the answers.
Can you please explain in detail "what does probate of will" means??
Thanks again
Sailesh Kumar Shah
(Expert) 15 November 2011
probate of will means that after the death of testator, it is to be taken from the court.
Querist :
Anonymous
(Querist) 15 November 2011
can u elaborate on this please... Just a written will document by my father is not enough?? why should a probate be taken from caourt?? what is the procedure for it??
thanks
Sailesh Kumar Shah
(Expert) 15 November 2011
Probate means copy of the will certified under the seal of a court of a competent jurisdiction. Probate of a will when granted establishes the Will from the death of the testator and renders valid all intermediate acts of the executor as such. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator.
Querist :
Anonymous
(Querist) 15 November 2011
Thanks
Can't i sell the land or property with just the will alone??
Is probate from court a MUST?? I live in Madurai, Tamilnadu.
Querist :
Anonymous
(Querist) 15 November 2011
If the buyer of our property is OK with just the written will, is this sufficient??
Or still a probate a must..
ajay sethi
(Expert) 15 November 2011
you ahve stated that you have immoveable properties and land . where is your immoveable property situated .
always get probate done of the will .
it is safer
you wont have problems from other leagl heirs if you have got probate in your hand
Querist :
Anonymous
(Querist) 15 November 2011
@ mr.ajay sehti..
Thanks for your reply sir.
As i mentioned earlier, i'm the only child to my parents and no other legal heirs are present.
Still is it required to get a probate of will or just a legal heir certificate is sufficient, as i'm the only child/legal heir to the property.
Raj Kumar Makkad
(Expert) 15 November 2011
I am surprised to see a special direction of all experts unconnected with real query.
Dear Querist! You are sole heir of your parents as such there is no need of obtaining will of your father and to get it probated before court of law. Legal Heirship certificate is sufficient in your case.
ajay sethi
(Expert) 15 November 2011
you may be the only legal heir of your parents but where is your immoveable properties situated .
under sectio 213 of indian succession act if properties are situated within madras , Bombay , calcutta then probate of will is necessary .
Querist :
Anonymous
(Querist) 16 November 2011
@ mr.ajay sethi.
We live in Madurai, Tamilnadu. (It is a district head quaters) In that case, how to proceed??
ajay sethi
(Expert) 16 November 2011
how many times i have asked you where is your property situated?
is it in madras , calcutta , mumbai?
Querist :
Anonymous
(Querist) 18 November 2011
A mr.Ajay sethi
I have mentioned taht the property is in Madurai located in Tamilnadu. (NOT in Chennai or Madras (old name))
Your advice sir.
Arun Kumar Bhagat
(Expert) 20 November 2011
You neither need Will nor Legal heirship certificate for sale of immovable properties. Since there is no other claimant you can easily sell property declaring yourself as legal heir.
Guest
(Expert) 21 November 2011
If you are the only child of your father, I endorse the views of S/Shri Makkad and Arun Bhagat.
