Probate is judicial proof that will is genuine 

2) file testamentary petition for probate 

3) if there is no contest it takes 6 months 

4) contested testamentary proceedings take years to be disposed of 

If your father has purchased the property from the owner by the way of sale deed, WILL, or POA  ?

You can apply for sale deed for mutation papaers

if you don't have any sale deed than go for WILL and get probate from court.

It will be great if you tell us what type of papers do you have between your father and owner (deceased).

What is the need of probate ? You have sale deed. Your title is perfect. And for stopping water line, you should have complained to police.

What problem you are facing ? At least your ownership is not questionable.

Dear querist, 

Yes, you should go ahead and file the probate case alongwith the Letter of Administration in the court. By that , the court will be testifying that the will is true and will assign the letter of administration in your name through which your name will be mutated as the owner of the property and will be vested with the power as the owner of the property. 

You can contact me for consultation or on linkedin,in case you need my assistance in the matter. 

https://www.linkedin.com/in/yuganshu-sharma-655091183/

Regards, 

YUGANSHU SHARMA 

ADVOCATE

Probate takes 8 months to 1 year if it's not challenged by any heir. If challenged it gets converted into testamentary suit and may take more time. 

1. The taking of Probate of the Will take no time if consented by the legal heirs of the maker of the Will which under the present situation looks unlikely.

2. However if they give consent then such procedure does not take much more than 8-10 months.

3. In any event since you have Will with you , application for grant of Probate is is most logical solution.

4. If they have disconnected the water line you can lodge complaint against them on which basis FIR can be registered against the person who has done such thing.

5. I am not sure what do you mean by ' sale deed' as the same is not permissible for a property in Salt Lake. However if you show this deed then further advice on the whole issue can be given. 

Dear Sir/Madam,

You are suggested to file the case of probation of will and also use all the documents as said in your query. In those documents, there will be one clause that successors of buyers will not affect you in any manner. Use all relevant things and also take order of injunction against the landlord family for your peaceful possession and stay. 

If the sale deed is by a rgistered document, then you can file a suit for declaration of title, if not then you can utilise the option for filing a petition seeking probate of the Will.

The time taken for disposal of Will cannot be predicted owing to various facts, it may take two to three years, especially with the given scenario. no concrete time can be stated for disposal of the proposed probate of Will case.

what was sold to you - a tenanted property or an ownership property? that is not clear

it appears that your father purchased tenancy rights of the premises

that cannot be done by way of Will, sale deed and POA

Even an ownership property cannot be bought by that route

if there is a private landlord then how can there be a lease by the government dept???

did your father held any rent receipt from the landlord?

was assignment of leasehold rights permitted under the original lease?

your query is very vague and certainly requires you to provide more information

1. WILL can be probated in HC, and would take approx. 6 odd months for a Probate Decree.

2. For water line disputes, you will need to file grievance petition before the local Civil Court.

Yes apply for probate of the will , it will take around 1 yr

- As per the Supreme Court Judgement in the matter of Suraj Lamp & Industries Pvt. Ltd. Vs State Of Haryana , A sale transactions carried in the name of Sale agreement /GPA/WILL etc, have no legal sanctity , and immovable property can be sold or transferred only through registered deeds.

- Being the legal heirs of deceased landlord , his family members are bound to cooperate you legally.

- Hence, now try to mutate the property in your name on the ground of said documents in your possession, and if registrar refused for the same , then file a Probate petition before the court . 

- An unregistered will is valid document, if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed the will in their presence. 

- Hence, the Registration of a Will is not compulsory for Probate and after the death of the testator.

-  Further, A probate is a legal recognition given to a Will regarding its genuineness and legality, declared by a competent court.

- So, for the execution of the unregistered WILL, you should file a petition for Probate the said WILL before the court. 

- After getting the Probate decree, you can apply for mutation of the said property in your  name.

- If no body will have an objection , then it will take maximum 6 months time. 

Good luck and dont forget to rating Positively. 

File a sit for declaration though after seeing the contents of the documents more precise advice can be given.

- 1. Sale Deed,- This is not sale deed , it is sale agreement .

- If the documents registered from the office of registrar , then it is called Sale deed /title deed.

- Yes, these documents will help for getting probate the WILL. 

- Further , you can also file a Declaration suit to get ownership decree from the court on the ground of these documents. 

Is sale deed registered . 

if so you are absolute owner of property 

you don’t need to apply for probate 

Sale deed must have registered. Now have to file declaration suit or Probate of Will which also attract court fees.

Dear querist, 

Yes, Indeed. helpful in yiur case. But the only requirement is the will and the two witnesses in front of whom the will was executed. Nothing else is required except these abovementioned. Though they will be helpful for you. 

Regards, 

Yuganshu Sharma 

ADVOCATE 

Yes it is helpful. Are you an executor of the landlords will. 

1. The sale deed is invalid in absence of approval,taken from the Urban Department.

2. The POA has become invalid after the demise of its executor.

3. The option left with you is to  apply  for probate of the will before the Barasat  Court or the High Court.

4., It might take 14 to 18 months in normal course to get the probate application disposed of.

1. Your basic problem is that the land in SaltLlake was allotted as lease hold land for  which its title can not be transferred but lease right can be transferred.

2. However, the Urban Department is allowing such transfer of title by charging Rs.5 lakhs per cottah.

3. The seller/transferrer has expired and his legal heirs are claiming the said property from you now.

4.  File the application for probate of the will at the earliest by which the executor has bequeathed his  lease  right to you.

The unregistered sale deed is not valid to claim title.

The power of attorney deed stands automatically cancelled upon the death of the principal, hence it has no legal validity to enforce the same at this stage.

Tenant agreement cannot confer the rights or title to the tenant on the rented property.

Unregistered agreement for assignment cannot be enforced since it is not admissible in law.

Affidavit cum declaration of the landlord is an unregistered document hence it is not legally valid.

Affidavit of all the concerned legal heirs cannot be considered as their relinquishment of their rights in the property, they still old the rights in the property as successors in interest, if the owner is reported to have died intestate.

However, the last chance of hopes is the Will.

You can file a probate of Will petition before the court competent by impleading the legal heirs as respondents and obtain grant of probate to enforce your rights or acquire the property.

Dear Sir,

These all documents are of great help for you and you are suggested to make use of it in best possible ways. Do get the documents photocopied and keep the originals in safe custody and show anyone only photo copies. Also, discuss with your working advocate who will read the various documents and will come with a right solution for you.  

probate of a will can be taken through lower courts as well as district courts. the procedure is to file the application and pay the requisite stamp duty with a prayer to grant probate. If there is no objection it is granted fast else takes time. approx time is 6 months.

the property will not automatically pass on to the beneficiary. You must complete certain steps to get the probate process started.. 

1. You have to probate the will which is mandatory for the Presidency towns like Kolkata.

2. If other heirs do not contest the probate petition then probate may be granted within 3-4 months, but if other heirs or anyone opts to contest it then it gets converted into a title suit which takes time.

yes

All requirements are complete

Go for mutation with copy of sale deed. You may need to pay to state govt requisite transfer fee. 

You should take you own water connection. 

There is no requirement of involvement of court .

a sale deed and tenant agreement do not go together

by a sale deed, ownership rights are sold 

by a tenant agreement, only tenancy rights are conferred

so i fail to understand why such ambiguous documents are created and as to exactly what right is conferred on you - ownership or tenancy?

though ownership right will not come to your father since there is no registered sale deed

the affidavit of landlord needs to be checked. If he has stated there that tenancy right is given to your father, then after your father's demise, you get the protection of tenancy and you cannot be evicted

if the legal heirs of landlord are not accepting rent from you and not recognising you as tenant, then you can file a declaratory suit to declare you as tenant after demise of your father 

The property was purchased by your father long time back. How can they do such a thing. You should file a police complaint against them for this act. File an fir.

The property belongs to you and file for probate. You must be having property papers and the money details given.

All these documents will help you immensely in getting possession of your property.

1. Yes you can go to court to probate the will of your father.

2. You can also file declaratory suit to claim ownership of your father's flat as you have all the required documents available with you.