Apply for probate of will
2) probate is judicial proof that will is genuine
3) in testamentary petition mention both names of mother
4) if there is no contest you should get probate in 6 months
Name changed after marriage, but old name is mentioned in sale deed.
My mother's name was changed after wedding. Name change procedure was not done officially though. Her aadhar, PAN has her new name mentioned on them. This property was brought by my Mother in 1970 and her old first name was mentioned on this sale deed. My Mother had written a will (unregistered) which mentioned that this particular Property would belong to my daughter. My mother's new name is mentioned on the will and also her old name is mentioned as 'alias'. My mother has recently expired and her death certificate is issued as per her aadhar, which is the name after her wedding. I have an elder brother and we will divide the remaining properties acquired by our father from his patents in equal share. I am not sure if my bother will agree if my Daughter aqcuire my mom's Property as per the Will. My questions are, is it possible by my Daughter to acquire this said Property by my Daughter as per this will? What is the procedure to execute this will? Will there be any problems faced in this process because my mother's name mentioned on sale deed is different from the name mentioned on Aadhar and Death ceritificate. Please suggest ways So that my Daughter could acruire this Property as per the Will. Thank you.
Asked 5 years ago in Property Law
Religion: Hindu
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14 Answers
See in the case in the will the description of the property is mentioned and same is bequeathed to your daughter, your daughter has right over the same.
An affidavit for the name can be given, there won't be any issue because of the name and also in the will both the names are mentioned.
See if there is no objection from your brother your daughter can file for mutation of the property. In case there is any objection she may file for the probate of the will before concerned court.
You need to probate WILL from court, So it will get transfer on beneficiaries name.
- Your daughter should apply before the district judge court , for getting Probate that WILL , as Probate establishes the genuineness of WILL , and it stops future disputes.
- After getting the probate she will have all her right over the property mentioned in the WILL.
- She can execute an Affidavit for removing the objections on the name difference , after declaring that both names are same and of one person only.
1. By virtue of the said WILL and irrespective of any difference in spelling of name and based on other related documents, the daughter is entitled to claim her grandmother's property without any exceptions, whatsoever .... PROVIDED other legal heirs of Mother do not challenge the validity of the WILL itself.
2. IF needed file Civil Court suit for declaration of the difference in name supported with documentary evidences and witnesses and request for transfer of property.
On the aforesaid name change no Problem will be faced as it's a matter of formality. Change of name after marriage is very common in India. So even the will is not face any problem
If your mother had clear and marketable title to the property that she bequeathed through this Will, in favor of your daughter, you can very well enforce the Will and acquire the property.
If your brother is creating any problem then you can challenge him legally on this.
Since your mother has clearly mentioned her alias name in the Will, it should not be a hurdle for your daughter to acquire the property.
She is the same person. She has written her maiden name in the will. You will not have any problems. Don't worry. Obtain letters of administration and then register a gift deed in your daughter's name. That is a much more secure document.
Will if attested by 2 witnesses than it is valid. Your daughter is absolute owner. Your brother cannot disclaim her title.
On the basis of WILL and death certificate of mother, transfer the property in your daughter name in revenue/municipal record.
Mother have cleared the name issue in WILL and to avoid further objections, enclosed her old and new id`s if available. Else no problem will face.
no need to worry just apply for probate of will.
Dear Sir/Madam,
It is suggested that the daughter is fully entitled for the said property as per WILL and the same is required to be probated as per law. For this, the case of probate is filed in the court of the district judge. No issue will arise with slight change in the name as both are reflected in the WILL.
1. Yes it is possible for your daughter to acquire property which is given to her through will of your mother.
2. You can make application before tehsildar for transfer of property on your daughter's name as per will of your mother and if he raise any objection then you need to file petition to probate the will of your mother.
You need to apply for the probate.
1.She has mentioned both her names in her said will and it will not be difficult for you to establish that she was know in boh the said names.
2. Your daughter shall have to file an application before the Court seeking grant of probate for which all the legal heirs of your mother will be notified to either contest or confirm the will.
3. If your elder brother or other legal heirs contest the will, you shall have to defend the said will fittingly before the Court.
