Naresh (Salaried ) 13 January 2019

Procedure to execute will

Sir My Grand father has 1 daughter n 2 sons. They have written a will and registered .In that will they have written that only 1 son (my father) has only rights on their property remaning 2 heirs have no rights on their property. Can we transfer property by will on the name of my father. Is both heirs require sign in court? as both heirs are not ready .As they have also interest in that property. Sir and what will be the procedure to transfer property and time period? Plz suggest sir..

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Naresh (Salaried ) 13 January 2019

My grandfather has passed on 2006 year..

Naresh (Salaried ) 13 January 2019

My grandfather has passed on 2006 year..

Shashi Dhara 13 January 2019

U have to go to competent court to obtain probate &succession certificate and if others challenge hehas to prove genuiness of will in court then after he will get property .

Naresh (Salaried ) 13 January 2019

Thks for ur reply Sir If they challenge what will be the time period to obtain property?

Shashi Dhara 14 January 2019

Their is no time limit.u take possession over property now.let they go to court.u give requisition letter to change khata to Ur name for concerned authorities producingregistered will.

Naresh (Salaried ) 14 January 2019

Sir
My father is suffering from severe disease .If any thing happens to my father before transfer of property.After that can we execute will of my grandfather in the name of my mother or after my father demise the will be lapse.?
And all the property will be distributed in the name of my 1 uncle and 1 sister.
or submitting will my father's legal heir my mother will have rights in whole property.
Plz guide sir

Shashi Dhara 15 January 2019

If Ur father collapsehis wife and children's become lrs they have right to success then all of u jointly can file to change of .khata.

Aks 19 January 2019

A Will is valid only after it gets probated in the court. If anyone is named Executor in the Will, only that person can file for probate. If nobody is named Executor or the person named refuses to file probate, your father direct to aly can file for "letter of administration with Will annexed" thru his lawyer.

Summons are sent by court to all legal heirs asking them if any one has objection about genuineness of th Will. If no legal heirs file objection ,the will gets probated and property can be legally owned by beneficiary (your father in this case).

If any legal heir files objection ,then, court calls him/her to come to court and tell what objection he/she has. If the objections are considered false then Will gets probated and your father becomes the owner. In this time period, if your father dies, his legal heirs can continue the case and get ownership once case is won. Unfortunately,, due to slow and inefficient courts in India, the probate cases can last about 1 to 2 years generally.

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Naresh (Salaried ) 19 January 2019

Sir Thks for a reply.Sir we can't probate will on the name of my father ,as these is some bank problems on that property.It will take time around 1 or 2 years to clear. Sir I wann to know ,In this period if my father collapse without probate the will.After that can we probate will? Can my father heir will get property ? Or the WILL will be lapse? Plz suggest sir.. Thks

Procedure to execute will

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