• Execution of will

My grandfather had 3 sons, 4 daughters, among 4 daughters 3 were married & one was unmarried. My father had 3 sons 2 daughters. My 2 uncles do not have any child. My grandfather made a registered during 1969. As per will he gave equal share of his property among 3 sons and one unmarried daughter. As per will he did not gave any share to his married 3 daughters due to their financial solvency. My two uncles do not have any child. Therefore we three brothers, two sisters and my mother are alive now. How we get the property in our name. Still the property is name of my grandfather. What should we do?
Asked 6 years ago in Property Law
Religion: Hindu

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20 Answers

Apply for probate of will 

 

2) probate is judicial proof that will is genuine 

 

3) if there are no objections received you would get probate in 6 months 

 

4) then apply for mutation of property in name of beneficiaries 

Ajay Sethi
Advocate, Mumbai
99965 Answers
8159 Consultations

Contact a local lawyer and act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99965 Answers
8159 Consultations

For mutation of property enclose death certificate of deceased grand father 

 

2) copy of registered will of grandfather 

 

3) latest receipt of payment of property taxes 

 

4) if no objections are received mutation would be done in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
99965 Answers
8159 Consultations

- Being the self acquired property , your grandfather was having right to transfer his property to anyone , hence the WILL registered by your father is legal. 

- Since, the said property is still in the name of grandfather, hence for getting the share of your father , the said WILL should be probated.

- File a Probate petition before the court. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

Collect death certificate of the testator and make  declaration of all heirs beneficiaries of the will. Get an authenticated copy of the will and submit all the documents in municipality for mutation in the name of all beneficiaries. 

Note that though probate of will is not mandatory but it considered safe from future dispute by any legal heirs if the probate of the will is obtained from court. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. Whop was the executor of the said will?

 

2. Has probate of the said will been applied for and availed?

 

3. Without the grant of probate, will has no value better than a scrap paper.

 

4. Application for probate shall have to be filed before the Court to enable you to claim your father's share of the willed property of your grandfather.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

1. While applying for mutation of the said property, the KMC authority will ask for the legal heir certificate which will include all the legal heirs of your deceased grandfather or the probated will.

 

2. Get the will probated fast.  It will take 10 to 18 months ordinarily.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

Get an application filed by any of the living beneficiaries of the said will  to get probate for the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

1. First take probate of the Will .

2. once Probate is granted then on its basis apply for mutation of the property in your respective names as per direction of the Will.

3. If the property falls within the area of KMC then it is has to be applied in KMC only.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

As per the Will made by your grandfather has distributed his property to four of his children out of his six children.

Thus the property can be divided into four shares  by a registered partition deed among the four beneficiaries 

After the partition deed, each beneficiary can mutate the properties on their individual names  after which they will become the absolute owners of the share of  property allotted to each of them.

Your paternal uncles even though they do not have children, they are entitled to acquire their own share as per the bequest made in the Will by their deceased father.

Nobody can claim a share in that property as a right at least not during their lifetime.

You, your mother and your siblings can inherit your father's share in the property that too only after his lifetime and not before that.

 

 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

Your father and his siblings can do mutation of the property on their respective names after getting the property partitioned and reduced the same to writing and by getting it registered  

There is no useful purpose solved by getting it mutated on joint names.

 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

So far the advises and opinions rendered were legal and professional only.

What is your doubt about it.

 

 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

You need you do the Mutation and transfer at KMC. 

Prashant Nayak
Advocate, Mumbai
34653 Answers
249 Consultations

You need to apply to get the Will probated.

Once the Will is probated, it can be used in any proceedings as authentic proof.

Upon completion of the said proceedings, you can get the name mutated in the revenue records by submitting the original Will, death certificate, no objection of other heirs.

You need to contact local lawyer for completing the procedural part.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. The property devolved according to the will of your grandfather.

2. If your two uncles died issueless then their share devolved further on their (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter who are Class 2 heirs. All the heirs spelled out in Class 2 succeed equally.

3. The division can take place amicably by executing a registered partition deed and thereafter mutation can be done.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Uncles are alive or not ? If not than their share will inherit to their living brother/sisters. IF your father is alive than he will inherit 1/5th share otherwise only sisters by 1/4th share each. Children of deceased brother have not inheritance right.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Hi

Get it done on the basis of the will.

Get the papers prepared from the authorities and pay the fee.

Its not that complicated.  Just get it done.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Apply for probate, Probate can be filed under Section 222 or 276 of the Indian Succession Act, 1925 in the Testamentary Jurisdiction of the High Court where the person has deceased.

 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1. The property will divide among 4 equal parts between three Sons and one Unmarried daughter of your grandfather.

2. And after death of your uncles and aunty their share will devolve among their brothers and sisters equally that is in four equal parts as they are class 2 heirs of your uncle and aunt who doesn't have any child and if they are decreased.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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