will registration

Which personal law applies in your case?

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Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in other areas

It is not mandatory to register the WILL.However registered WILL is not easily set aside atleast on counts of authenticity.

The WILL can even be handwritten.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally for procedure and compliance. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in other areas

It is not mandatory to register the WILL.However registered WILL is not easily set aside atleast on counts of authenticity.

The WILL can even be handwritten.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

If the property in the hands of your grandfather is self earned/acquired and is not ancestral then he can dispose IT in his life time in anyone’s favor by any valid/registered deed e.g; WILL,Gift/Sale/settlement deed etc …by his free will.

He cannot dispose more than his share if IT is ancestral…

By his free will he can decide to cancel the WILL in his lifetime..

WILL operated after death of testator and his legal heirs can contest the WILL.

If your terms with legal heirs of your grandfather are affectionate they can decide they can decide not to contest the WILL and give NOC in your favor ….

By his free will your grandfather can chose any other deed say; Gift (be IT Conditional)/ settlement deed with life rights etc etc…

He can even approach Sr.Citizen tribunal to cancel/revoke any deed if he is not maintained / supported…

There are many threads at LCI on similar queries that you can search in SEARCH option in threads, Articles

e.g; Article under my profile;

Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !

If your terms with grandfather are affectionate he can decide anything/any deed  in your favor by his sweet will and maintain IT in his life time….

If there are some issues that you don't want to psot then your grandfather can by his free will even provide you with cash from his self earned estate and support you..