Please can you help:
My father has passed away without a will
So far after a some reading I understand I need a Probate, the questions I have are:
1. Is there a different type of probate for a person who passed away without a will? Please can you guide me with the process and costs. (I understand that there is usually a 75,000 INR court fees for immoveable properties over certain value, but what are usual lawyer's fees?
2. What happens if a list of assets is created and after the probate is issued we find there are other assets we did not include in the probate, is there a way to request the court to make the probate broad spectrum on top of the list of assets incase we find more assets in the my father's name after issuing the probate.
3. When the probate is issued and property is being transfered to my mother's name, is there a way to impliment "right of survivorship" by either adding my name to it or any other way which would avoid having to make a probate in the future. Most of my friends say that there is no such thing as "right of Survivorship" for immoveable properties in India. they say that even if we try, in the future no one will buy the property from us without seeing a probate. Is this True? There must be a way to avoid the headaches of a probate. How can a person do estate planning if everyone is forced to get a probate?
Thank you,
Shyam
