• Registered will execution

Sir my mother's sister died recently, before her death a few days back she wrote a will registered in Banglore. whereas her properties are here in Andhra Pradesh. is this will right 

she wrote 35% to me, 35% to my elder brother and 30% to another person who has 2 children and wife 
How to get legal heir or succession certificate
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Yes, this will is correct and proper.

Get this will probated and thereupon get the name of beneficiaries mutated in the revenue records.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Willcan be registered in Bangalore if she was residing in Bangalore fir property situated in AP

2) apply for probate of will

3) probate is judicial proof that will is genuine

4) succession certificate is for movable debts and securities

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hi

1) Since the properties are located in Andhra Pradesh, you have to prove the WILL in court of law at Andhra Pradesh.

2) The witnesses to the will should be examined.

3) It is perfectly legal for the WILL to be registered any where in India whilst the properties are in Andhra Pradesh.

4) You should apply for a letter of administration in a court of law and get the share of property as stated in the WILL.

5) Once the WILL is proven, the court will issue letter of administration to the beneficiaries of the WILL

6) Please note SUccession certificate is for bank deposits etc and it is letter of administration for Immovable properties.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1) it is for aunt to bequeath property to whom so ever she pleases

2) merely because person is husband does not make him absolute owner of property on your aunt demise

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Will can be executed anywhere. Yes it's valid. You need to apply the same from HC.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Even if we assume he's the husband, them also he cannot ignore the will.

The arrangement given in the will has to be given effect to, anyhow.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Contact a local lawyer and get the Will probated.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Respected sir...

If your will and testament was created and signed with the proper formalities as required by the laws then it will be accepted in all the States where the property is situated as well as where it is made ..And Usually, Legal Heir Certificate mentions the names, relationship with the deceased, ages, and marital status of surviving family members.

For obtaining Legal Heir Certificate, a death certificate showing proof of death is necessary. This death certificate is issued by the Corporation/ Municipality / RO of Mandal where the death occurred/ Major Panchayat.

Wife or Husband or Son or Daughter or Mother are eligible to apply for legal heirship certificate.

Required Information to obtain Legal Heir Certificate is a Deceased name, Names, and Relationship of Family member, Signature of Applicant, Date of Application, Residential Address, Death Certificate, Rights of Record.

Required Documents to obtain Death certificate Legal Heir Certificate is Identity Card, Ration Card and Prescribed application form.

Some of the important things considered for obtaining Legal Heir certificate are:

District Tahsildar office issues Legal heir certificate for those individuals whose husband or parent is dead leaving a will. ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1) is the WILL is registered in registrar office then you can execute the will no need to take permission from his friend or saying as husband.

2) If WILL is registered get it executed by apply in court for succession certificate as you take possession of property.

3) First try to take possession of property.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Hi,

It is suggested that you proceed for probate of the will because the same can be done.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. You shall have to file an application before the High court at Andhra Pradesh for getting the grant of probate of the said will.

2. After getting the probate of the will, the said property in the said proportions will be bequeathed by the said persons.

3. You will not need succession certificate or legal heir certificate for bequeathing the property or share of the property willed in your favour.

4. However, legal heir certificate is required for claiming immovable properties and obtained from the Municipal Cor[oration through local ward counselor and Succession certificate obtained by applying before the Court and is required to own the movable properties (like Bank FD) of a person who has died intestate (i.e.. without executing a will).

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Let him claim any relationship with her which does not matter.

2. There is a will which you shall have to probate of from the Court where he will get the chance to contest the probate application.

3. Once the probate is granted, the ownership issue in connection with the property of the executor of the will shall be closed for good.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

If you find it difficult to obtain legal heirship certificate then you may file a probate petition before a court competent in Bangalore.

Actually for a registered will legal heirship or succession certificate is not necessary.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

It becomes his duty to prove his claim.

You can challenge his claim and nullify his claim during trial proceedings.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hello,

The will is a valid will. You will have to get the will probated and thereafter you may stake the claim on the property that has been given to you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

that another person lived or dated few years with her and claiming now himself as a husband and arguing over will.

the sister of your mother may will her self acquired property to anyone therefore as per the will he will also have 30% share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Will is valid.

For legal heir certificate you approach Thahsildar

For succession certificate you approach court of law.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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