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Rakesh   11 May 2017

Property

Hello...I need some clarification regarding the property owned by my mother, before her death she had made will that I shall own it and it was registered also. My sister is asking for partition deed...can I get it done just by providing her death certificate and bypass the will


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 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 May 2017

Sir, 

 

WILL will come inot affect only after the death of your mother, if your mother is in a fit state of mind you can take a gift deed ... Gift Deed is the best and safe way to get the property ..... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Kumar Doab (FIN)     11 May 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     11 May 2017

You have posted that: Your mother has deceased.

She has left a registered WILL. So a valid WILL exist.

After death WILL has become operative.

You are the beneficiary.

You need to act upon the WILL.

In case of presidential towns: Mumbai, Kolkota, Chennai it is mandatory to probate the WILL.

At other locations it is not.

The procedure/forms/details for such matters (Testate Succession) are usually available on website and O/o Authority under whose jurisdiction property falls.

Usually certified copy of the WILL, death certificate, legal heir certificate…………………are required to be submitted. The authority may ask for NOC from other legal heirs/release advt in newspapers inviting objections/or write to legal heirs asking to submit objections if any, in set time.

 

In case of NOC or NO objection authrotiy may transfer the ownership to beneficiary.

Kumar Doab (FIN)     11 May 2017

 

Registered WILL is not easily set aside on counts of authenticity.

Any WILL can be contested.

Probably your sister has pointed to you that she will contest the WILL.

 

In case you are willing to share the property (equally by your free will) with your sister, you can.

Local counsel of unshkable repute and integrity specializing in revenue/succession/civil matters can help you.

Your counsel may opine that: Registered family agreement may leave NO chance for future disputes/litigation.


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