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Remedy Seeker (Manager)     22 December 2012

Property thru will

Hello!!!

My grandfather's younger brother (X) had a property in UP. He earned the property from his income. In 2004, he made his will of the said property. As per will, the prporty will be in the name of my mother and then after her, of we two borthers and if sister remains unmarried, she will be third co-owner.

Now the sitatuation is:

1. Will made and registered in the court of Agra in 2004.

2. My mother passed away in 2006.

3. My Sister got married in 2010.

4. My grandfather (owner of the property) also passed away recently in 2012.

5. We both surviving brothers wanted to dispose of the property.

Now our concerns are:

1. We need to understand that how to dispose of the property. We have the buyer. 

2. Wht is the process of executing the will n getting the property disposed off.

3. Does this requires any fresh registration of property, first, in our name and then we can dispose off.

4. How much time this can take.

5. We need good lawyer who can do this for us.

 

Regards



Learning

 2 Replies

Advocate Rohit (Advocate)     22 December 2012

since you have a registered will. you need to first get the property transfered in your name.

Consult your local lawyer to check whether probate of will is compulsory in UP or not???? if yes, then you need to go to the High Court for probate of will.

Thereafter, you need to approach the tehsildar office for inserting your and yours brother name in the property record. Thereafter, you can sell the property.

Chetan Joshi (Advisory/Advocacy)     22 December 2012

 

Preet....

 

 

If a will is left in favour of you then you gotta apply in civil court for succesion certificate on the basis of will. After getting succession cetificate apply in muncipal corporation and other revenue authorities where property is listed for mutation. 

 

1.In Nagar Nigam you have to pay no amount for mutation in UP.

 

2.some developing houses charges mutation charge @1% of property,s market value., but not in case of blood relation mutation.

 

3. In UP it is not mandatory to apply for  probate but if your will is not registered then it will be a problematic situation for you to get asuccesion certificate.

 

4. In Some part of UP nagar nigam directly mutatae the property in your name on the basis of registered will.

 

5.If you will apply for succesiobn certificate there will be a nomonal court feees fro the procedure.

 

 

 

Hire a local lawyer...

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com


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