• Will validity

My father died in 1999 due to natural causes. He has left a will on plain paper naming my mother as the sole benefeciary of a house located in Hyderabad( will is not registered or probated, but signed by 2 witnesses in presence of a lawyer in bangalore,where he was staying for a few days before his death in Hyderabad). Can we use the will now , after 20 yrs to get that house registered on mothers name so that she may be the sole owner of the house? The house is still on his name. We don't have a legal heir certificate, and don't plan to apply for one if it's not required. If yes, what is the process to get it registered on mothers name?
Asked 1 year ago in Property Law
Religion: Hindu

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19 Answers

Even if you don't have a legal heir certificate and have no objection in distribution of the property then you have to provide relinquishment deed in favour of your mother so that the property can be transferred in her name without raising the question of will.

 after the death of your father the property goes to all the first class legal heirs in equal share and in case of will the property could be transferred to one person as stated in the bill in case you want to go by the will then you have to witness in the court that you don't have any objection to transfer the property in your mother's name

Vimlesh Prasad Mishra
Advocate, Lucknow
6811 Answers
23 Consultations

4.9 on 5.0

She is already a sole owner on the basis of WILL. Transfer of ownership in govt. records is a formality. Can be done anytime.

No need for LHC, just apply for trasfer of ownership and enclosed copy of WILL.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

Yes, the will is valid. To make it operative, you have to get it probated from High Court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1398 Answers
5 Consultations

4.4 on 5.0

You can apply for mutation of property in name of your mother 

 

2) enclose consent of other legal heirs 

 

3) if there is any objections raised by any of legal heirs you will have to apply for probate of will

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

A Will even on plain paper is valid provided it is signed / bearing thumb impression of testator and attested by two witnesses in presence of each other.

if there is no objection then Probate of will not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

Hello, 

This is a valid will and you may get the same probated. 

registration of will is not mandatory. 

You will have to get the legal heir certificate, it is mandatory. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
320 Consultations

5.0 on 5.0

1. yes the Will can be used

2. if all the legal heirs of your father are agreeable to the bequest made in the Will by your father in favour of your mother then all such legal heirs can give their respective NOC affidavits to the mother

3. the mother can then prove the Will by applying for letters of administration with Will annexed and once she is appointed an administrator and gets a LA grant from court, she can execute and register a transfer deed in her own name in her personal capacity and thereby transfer the property to her name

4. the NOC affidavits of the children and other legal heirs can be annexed to the aforesaid transfer deed

5. even if the Will is not proved, after the demise of your father, his property would devolve on his legal heirs who are his widow and children

6. the children in this case can execute and register release cum gift deeds in mother's favour and transfer their respective shares to the mother so that she becomes the absolute owner of the property

7. but obtaining LA and then having a transfer deed registered in mother's name will be a better course of action for conferment of proper title on the mother 

Yusuf Rampurawala
Advocate, Mumbai
5977 Answers
46 Consultations

5.0 on 5.0

Yes you can use the will unless not challenged by any other heir. 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

1.  Submit "notarized" copy of Father's Will to the competent authorities (Revenue /Municipal /Society /Association .... ), via a proper Application,  to transfer in Mother's name.  

2.  IF any objections are raised, only THEN you would have have to obtain "Letter of Administration" on the WILL, from the local Civil /High Court.  IF required take help of a local Property Lawyer.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

Will is perfectly valid.

Get this property be transferred in the name of your mother on the strength of this will.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

File an application to the Tahsildar for getting the legal heir certificate.

Along with the Legal heir Certificate your ID proofs required for transfer of Khata in the name of your mother.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

- A WILL is a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death.

-  Further it remains valid for all time and there is no time bar for its provisions to come into effect. 

- Registeration of a WILL is not mandatory as per law.

- Since, your father has already died after leaving a WILL in favour of your mother , hence being the last WILL , it is  non challegeable, and now your mother is the owner of the property.

- Now , on the baiss of the said WILL , your mother can registered the same in others name.  

Mohammed Shahzad
Advocate, Delhi
6267 Answers
64 Consultations

5.0 on 5.0

Will executed by your father bequeathing the property to your mother is valid and enforceable in the eye of Law. Since your father already executed a will deed in the presence of two witnesses no need of getting legal heir certificate.  Registration of will deed is not mandatory but optional. An unregistered will deed is valid one. Yes you can use the Will now even after 20 years to get house mutation in the name of your mother. Your mother can get mutated the property in her name by submitting copy of will before concerned municipal and revenue authorities with required application of such change of name. 

Your mother already became sole and absolute owner of the property by virtue of will executed by your father during his lifetime. No specific registration of document is required. Your mother can execute any registered documents as she per her wish and will before the sub -registrar under who's jurisdiction the property situated i.e. she may execute any title deed or gift deed etc., 

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Dear Client,

On the basis of of will, property will be transfered to your mother. Go to the office of Patwari and show him the will. On the basis of the will, concerned Patwari will mutate the property in the name of your mom. 

Jaswant Singh
Advocate, Gurugram
903 Answers
2 Consultations

4.8 on 5.0

See if there is no objection of legal heirs and the witness are available to testify in court mother can file for the probate of the will and based on the probate order get property transferred in mothers name. 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

Dear Sir,

Registration of wills is not compulsory.
A holographic will (Hand written) is also perfectly valid.
 
Although registration is not compulsory, it Is highly advisable to do so! Let me explain how -
 
Registration of any indenture creates a presumption in its favour. After the death of the person who made the will, the beneficiaries don't get the property automatically. They have to go to the court and get a Probate. Only after the court grants you probate can you become the owners of the property.
 
Probate is like a certification by court that the will in your favour is valid and that the sad will was indeed made by the deceased person.
 
A Probate court is where the authenticity of the will may be challenged. Now, if you have a relative who wishes to trouble you, and if he challenges, your case becomes a cake walk if the will was registered. This is where registration can help you.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

No need to get the will probate because you can transfer the property on name of your mother if other legal heirs give consent for the transfer.

And probate of will can be difficult after a gap of 20 years because you have to explain the reason for this delay in revenue department.

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Your mother can enforce the Will and get the property mutated on her name. The other legal heirs may have to execute a NOC in her favor  expressing their no objections for the transfer of revenue records of the property to her name.

You may not require legal heirship certificate.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Dear Sir,

If you can manage on affidavits and notarized legal heir affidavit , the property can be transferred in the name of 

your mother if you give NOC otherwise you have to get legal heir certificate from MRO or succession certificate from'

Civil court u/s 372 of Indian Succession Act.

Kishan Dutt Kalaskar
Advocate, Bangalore
5710 Answers
270 Consultations

4.8 on 5.0

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