Dear Sir/Madam, My (now deceased from few years) grandmother had made a notarized will of property about 15 years ago, where my name was stated differently (T.A. Deepa), to my name on passport / bank (Deepa Ram) accounts and so on. I plan to sell the property in few years time. What is the procedure tor document that is required for legal proof that both names are me? The property is currently rented out. I receive the rent to my bank account which has my official name. I have been paying property tax in the name that was on the will. Please advise. Thanks in advance for your help. Regards, Deepa
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1. This naomaly in name is not damaging to get benefit under the Will.
2.If you at the material time were known by the two name and you were mentioned in the Willby one of such names then you can claim benefit under the WIll.
3.Only because in the public document you have some other name does not make any difference.
4.However it is to be proved by you that you were known by both names by the testatrix of the Will.
1. Difference in the name of the beneficiary in the will and other documents of identity may become a source of migraine if the prospective buyer refuses to buy the property on this account.
2. You should issue an advertisement in a regional newspaper to state that T.A. Deepa and Deepa Ram is one and the same person. Thereafter, get this published in the official gazette of the state.
apply for probate of will
2) probate is judicial proof that will is genuine
3)in probate mention your name as Deepa Ram also known as TA deepa
4)probate would be granted in 6 months if there is no objection
5) you can also execute same person affidavit that both TA Deepa and Deepa Ram are one and same person
Hi, first thing to is to get the will probate from the court .. Once the will is probated , you can transfer the property in your name .. After it , you can conviniently proceed with the sale of your property .. Where is your property located ??
1. You shall have to apply for and obtain grant of probate from the Court to claim the title of the property willed by your grandmother to you.
2. Unless there is no need to obtain probate of the will under specific rule for the area where the property is situated like Delhi, all wills are required to be probated by the Court where notice of probate application shall be sent by the Court to all the legal heirs allowing them to contest the probate application, if they so wish.
3. If there is no contestant of the application for probate of the will, the Court will grant it and the said will will be considered as legal with your name as T.A. Deepa.
4. Without probate, a will has no value more than a scrap paper despite the fact that rent is being collected by the beneficiary of the will.
5. If you have no contestant of the will, get an affidavit notarised before a first class Judicial Magistrate duly affirming that T.A. Deepa and Deepa Ram are the same person.
You may get an affidavit to the effect that both the names are of the same person and then you may get it published on newspaper and gazette.
Also at the time of selling the same you may show all the required documents to the registrar.
Regards
The property tax receipts bearing the name that is as found in the Will shall be a proof to sell your property and also if you find any difficulty in this regard, you may swear in an affidavit stating that both the names belong to you and you are known in both the names, this notarised affidavit will fetch you the desired remedy.
