• My father's house in Coimbatore to be demolished

I have a house registered in my parent's name and I have the Will given by my father regarding his property transfer to me after his death. I do not have heir certificate yet that got delayed due to my overseas travel. Now that I am visiting to India, I would like to get this old & un-usable house demolished and re-use the land later on. What is the procedure to be followed to demolish this property that is not registered in my name.
Asked 1 year ago in Property Law from United States
Religion: Hindu
1. Is the will probated? When did your father die?

2. If your father has made a will in your favour then you have inherited his property according to the will. No heirship certificate is required. However, the will should be probated as in the absence of probate a will is nothing but a scrap paper.

3. Get the will probated if it is not probated and then you can as the owner of the property demolish the property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Legally you cannot do anything to it till your father is dead and the probate of his will is granted by the court of competent jurisdiction. Once that is done you are the title holder for the land and the property that stands on such land. You are free to build, rebuild, demolish with the necessary permissions and sanctions from the local Municipal Corporation.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1)you should obtain probate of will 

2) probate is juidicial proof that will is genuine 

3) apply for mutation of property in your name on basis of death certificate and probate issued by court 

4) then obtain permission from muncipal corporation for demolition and construction of new house on the plot 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
To demolish the old building no special permission is required. So you can proceed to demolish the same.
Now the Will without Probate has no value unless and until other legal heirs do not raise any issue over your right to enjoy the property exclusively. Through the Will both the land and the structure passes on you.
So I would recommend you either to apply for probate Certificate or to apply for sanctioned building plan so you can start new construction.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Hi, you have the will which was executed by your father in your name then will has to be probated and probate means it is the seal of the court that this Will had been by  such a person and it is his last will.

2. Based on will you have to change the Katha of the property in your name.

3. Thereafter you have to seek permission of the local authorities for demolishing the building.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Obtain the probate for the Will and thereafter get it transferred on your name. Once it gets on your name, u r free to demolish and reconstruct.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
you should file probate application for execution of the WILL. court will give a certificate about your interest in the property. this certificate is duly attested by the court and it becomes legal document towards your title in the property thereafter you can use it for any legal purpose because you have absolute authority in respect of this property.  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. Let your father execute Power of Attorney in your favour.
2. Armed with the POA, you can demolish the house.
Shashidhar S. Sastry
Advocate, Bangalore
1240 Answers
59 Consultations
5.0 on 5.0
1. Where is the property situated and how may legal heirs your deceased father has?

2. If it is situated at Delhi where no probate is mandatory or if the property is situated out of Delhi and you are the only heir of your father's property then you can mutate the property in your name and use it the way you wish to,

3. If the property is situated out of delhi and you have other legal heirs also of the property of your deceased father, then you you shall have to apply for the grant of probate from the Court to get legal seal on the will,

4. In the event of probate, all the legal heirs will be sent notices about the probate application filed by you which will enable them to either agree to it or contest the probate application,

5. The Court, after hearing all the parties will either grant probate of the will or rejsct the probate application.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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