• After mutation of property

Hi as we are living in Gurgaon and on 31/12/14 my unmarried anuty  expired and by his registered will I am the owner of her DDA flat and mutation of the property done against my name.  Now, after this what precautionary steps should I take so that on surviving relative can challenge my right over this property.  Pls.  suggest
Asked 1 year ago in Property Law from Gurgaon, Haryana
Religion: Hindu
1) probate of will is not mandatory in haryana/  delhi 

2)on basis of  registered will on your aunt demise   mutation of flat  has been done in your name . 

3) if you want to play safe apply for probate of the will 

4) probate is judicial proof that will is genuine 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1) original will 

2) affidavit of attesting witness 

3) testamentary petition has to be filed by executor of will for probate 

4) pay court fees for applying for probate as per court fees act in your state 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Bequests of every will do not get finalised unless probate acquired by the court of competent jurisdiction. First and foremost the executor of the will must apply for such probate. During such probate proceeding anyone may challenge the will or any part of it thereby converting it to a testamentary suit.

So there is scope for people to contest your claims under the will unless probate has been granted. 
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Hi, you have to obtain the probate of the will in the court.

2. One thing you must remember even though you have probated the will it does not mean that  the will is valid in all respect suppose someone has challenged the will then it is subject to the legal scrutiny of the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If you want to get absolute right, title and ownership in your favour on the above properties and to avoid legal problem in future it is always better to apply for a probate of a will and hence you should file probate petition before  the competent court (a pecuniary jurisdiction may require a higher court to issue a probate for high-value immovable assets) through a lawyer.
 A petition for probate must be filed in court along with the will in question. It should contain the following facts. (f) the time of the testator's death (g) that the writing annexed in his last will and testament (h) that it was duly executed (i) the amount of assets which are likely to come to the petitioner's hands, and (j) the petitioner is the executor named in the will The application for probate shall be signed and verified by the executor or beneficiary. The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper. After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate. A general public notice is also given in a newspaper. The petitioner is thereafter asked to establish the (a) Proof of death of the testator; (b) Proof that the will has been validly executed by the testator (c) Will is the last will and testament of the deceased PROOF OF DEATH Proof of death is usually shown by submission of original death certificate If a person was killed in an action while serving in armed forces, the official notification may be produced in proof of death of the testator.  ISSUE OF PROBATE BY THE COURT On the satisfaction that the will in question has been validly executed the court will grant probate to the executor named in the will.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. According to the will of your deceased aunt you are the owner of the flat.

2. To preempt a future challenge to the will you can apply for probate of the will.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
You require the will, death certificate of your aunt and your birth certificate. Nothing else is required. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. Grant of Probate of the will by the Court is the legal seal on the said Will,

2. Thopugh it is not mandatory to get will probated in Delhi, you will stay absolutely safe if you get thesaid will probated,

3. If you apply for probate of the will, all other legal heirs will get notice and opportunity to contest the probate application,

4. After hearing all the parties, the Court will grant probate or reject the said application.  
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. An application,

2. copy of the will,

3. Proof of identity,

4. Death certificate of the testator,

5. Affidavit of the eitnesses.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
you should file probate along with original copy of WILL and your ID,Address proof, and two witnesses. The application for a probate has to be made to the competent court. 

The court usually asks the petitioner to establish the proof of death of testator, proof that the will has been validly executed by the testator, and that it is the last will and testament of the deceased.

After receiving the petition or application for probate, the court issues a notice to the next of kin of the deceased to file objections, if any, to the granting of probate. It also directs the publication of a citation in a newspaper to notify the general public.

The court may impose a percentage of assets as a fee to issue a probate. It varries from state to state.

Under the Indian Succession Act, a probate can be granted only to the executor appointed under a will.If the executor is not available to administer the estate, an application must be made for appointing the same by the court before applying for probate. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
A. In your area, probate is not mandatory.

B. As per the Will, you are the absolute owner of the property.

C. If you would like to obtain the will from the court for proving genuinity of the will, you have to submitt the following documents Viz.,
An application,copy of the will, Identity Proof,Death certificate of the testator,Affidavit of the Witnesses.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0

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