• My grandparent's will deed in my name (grandson)

Sir , MY Grand father will deed ( 50% : 50%) between me and my grand ma. the will deed of my grandfather is registered at Punjab. we are leaving in delhi. but now my grand mother also pass away with will deed of her part of property  in favor of me ( but will deed is notary registered) .

SO please tell me the process how can i transfer the property in my name. and property is on ( POWER OF ATTORNEY) .

I m very Confuse
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1. You are crequired to apply for getting the grant of probate of those two wills,

2. All the legal heirs of your grandparents will get notice of the said will to enable them to contest the said wils, if they wish to,

3. Once you get the probate of the said 2 wills, you will get title of the said property in your name,

4. You bcan take possession of the said property and get your name mutated in your name.
 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) on your grand father demise you and your grand mother were the benficaries of the will . 

2) in PUnjab will does not require probate 

3) as per your grand mother will you are absolute owner of her share 

4) apply for mutation of property in your name on basis of the will of your grand parents 

5) please clarify whether your grand parents had purchased property by regd sale deed or not . 

6) power of attorney ceases on your grand father demise 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1) nfor probate yo u have to apply to district court

2) probate is judicial proof that will is genuine 

3) notice would be issued to all legal heirs 

4) if no objection is received probate would be granted 

5) it takes around 6 months to obtain probate if there is no dispute among legal heirs 

Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1. You have to file an application for Probate in Punjab. It is a procedure to authenticate the Will. Meet a local lawyer, he will guide you how to do this.
2. Once that is done you can mutate the property in your name. No need for POA before probate is granted.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. You should get the will probated. Unless probate is granted the sword of a future challenge to the will would always remain hanging over it.

2. After grant of probate you will be the indisputable owner of the property.

Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

1. Probate is issued by the court. Engage a lawyer and apply for probate.

2. Registration of will is purely optional. It does not make the will immune from a legal challenge.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Hi, Probate is the seal of the court that so and so person has executed the will and it is his last will. 
2. based on the will you can apply for change of Katha and Secondly it is not clear who has executed power of attorney to you.

3. My understanding is correct your grandmother has executed a power of attorney to you then she died the power of attorney is value in the eyes of law, power of attorney dies along with that person.
4. Will is concerned it need not necessarily registered but will must be attested by two witnesses.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
You must file a case before the jurisdiction sessions court for grant of probate to  the wills  that are standing in your favor, after which you can get the entire property registered in your name  including the mutation of revenue records in your favor.  Why you need to probate the will is to confirm the enforcement of the bequest made in the will through court to avoid any objection by other legal heirs to acquire the property so bequeathed.
The property acquired through power of attorney deed will not confer title hence the the property bequeathed through will by the power of  attorney holder in favor  of the beneficiary will not be valid.  A person  can transfer the property only if he has a valid and marketable title in his name.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. Probate is seal of Court on the will i.e. legitimising the will,

2. Pobate is granted after hearing all other legal heirs and once probate is granted, the will gets approval of the Court,

3. You shall have to apply for the probate,

4. Engage a local lawyer having expetise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
A. In your area, probate is not compulsory because of the will has been registered, you can mutate the property by producing executed will before the concerned authority along with necessary documents. For your information will need not be registered in the eyes of law.

B. However, if you want to get genuinity of will that you can approach the Court by applying probate. Probate means Certificate issued by a court that the will of a deceased is legally valid, and that the executors appointed under the will are authorized to administer his or her estate. Once you applied the probate that court will issue the notice to the legal heirs to file an objection to adjudicate the matter and finally will genuinity would be certified by the Court.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0

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