The will needs to be executed. For further assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable. 

1. Based on the contents of the WILL, the beneficiaries are to accept and take their entitled share in the property.

2. Probate of WILL is not compulsory in some States and in some States it's a must. Since there's no mention of the place/State in which the property is located, it's difficult to say whether probate is necessary in the instant case or not.

3.  Based on your deceased father's WILL and death certificate, you have to approach the jurisdictional Corporation/Municipal Office and get the beneficiaries' names mutated in the revenue records maintained there in respect of the property in question.

4.  To sell the property, all the four siblings can come to an understanding and sell the property collectively. In case if all of you wish to retain the property and to construct a building, you have to obtain plan for the building sanctioned by the jurisdictional and competent Corporation/Statutory authorities.

5.  To get the ancestral land rights in your/family's names, approach your father's relatives for Partition of the land. If it does not yield the desired result, file a suit in the jurisdictional Court for Partition, Declaration and separate possession of the property by metes and bounds.

1) you have to apply for probate of will 

2) probate is judicial proof that will is genuine 

3) enclose father death certificate 

4) schedule of property 

5) if there is no contest you would get probate in 6 months 

6) as far as ancestral property is concerned ask for your father share from his family 

7) if they refuse file suit for partition for division of property by metes and bounds 

First you need to get probate that WILL from court and check whether ancestral property father's share has been mentioned in it or not.

If ancestral property share is mentioned than get distributed according to WILL otherwise you all siblings distribute yourself by way of partition deed.

1. IF property is located in Mumbai, Chennai, Kolkatta, THEN the WILL needs to be Probated in the state HC, before it can be enforced for any purposes, which includes mutation /transfer of property.

2. However, IF all the legal heirs are amicable, THEN without conducting the court Probate proceedings in court, the property can be sold by mutual & joint signatures of all the legal heirs on the Sale Deed, who will sign as "Consenting & Confirming Parties".

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dear Client,

You have to get the property mutated in the name your all the bothers by visiting the office is Patwari/land registrar on the basis of the will. You don't need to go to court.

You need to get these series of things to be done on your side: 

1. Find out and enlist properties belonging to your family. Classify them to those self occupied by your father and those that your father received in succession from his ancestors. 

2. Check whether all self occupied properties are listed in Registered WILL or not? 

3. Verify whether any litigation are pending before any civil court for ancestral properties and still the same are mentioned in Registered WILL? 

4. If your answer to question No. 3 is YES, then execution of the WILL shall exclude those properties in litigation and the probate shall be issued by competent civil court qua properties self occupied by your father and those not in litigation. 

5. If your answer to question No. 3 is NO, then execution of WILL can be done by approaching Civil Court to get probate of the Will so that it can be executed. 

The property bequeathed by your father through a Will shall devolve on the beneficiaries as per the recital of Will.

To acquire the said properties you may  have to apply for transfer of revenue records to the beneficiaries name from the name of the deceased testator by submitting an application along with the death certificate, copy of the Will and copy of the legal heirship certificate along with a copy of NOC from other legal heirs expressing their no objection for the beneficiaries to get the revenue records transferred to their names.

After the property has been transferred to the beneficiaries name, either an amicable partition dded can be drawn dividing the properties among them by the beneficiaries or the other beneficiaries can relinquish their rights by executing a registered release deed in your favor, after which you can become an absolute owner of the entire property.

The same is the situation for the other proeprty that your father has left behind upon his intestate death.

The other co-sharers/legal heirs should transfer their share in the property by executing a registered release deed relinquishing their right in the property in your favor.

Hi

1) If

a) Your father was a resident of Madras, Bombay, Delhi or Kolkatta

or

b) if the self acquired property is located in madras, bombay , delhi or kolkatta, 

then you should file for probate of WILL in the court and

2) The court will examine the contents of will and also examine the witnesses to the will and 

3)Pass orders for transfer of property to the beneficiaries named in the WILL and based on the order, the beneficiaries can get the property transferred in your name. 

4) If your father was a resident in any other place other than Madras, Bombay, Delhi or kolkatta then You on behalf of all of the legal heirs can file a petition for letter of administration of the self acquired  properties of your father and  the court will examine the contents of will and also examine the witnesses to the will and  Pass orders for administration to the beneficiaries named in the WILL and based on the order, the beneficiaries should pay for stamp duty and registration charges and get the title transferred in their name. 

5)In order to claim rights on ancestral property, you should file a partition suit claiming your share in teh courts where the ancestral property is situated . Since your father has died, his share of property will now vest with his branch (i.e legal heirs of your father). Once you claim partition, the property will no longer be ancestral, but will become self acquired property of the legal heirs.

The rationale for us to recommend filing of two cases is that 

a) Since there is a WILL for self acquired property, it should be relatively easy for the beneficiaries get orders from the court very easily . 

b)In general, partition suits take a long time to resolve and hence it is not advisable to mix self acquired property and ancestral property at the time of staking claim to these properties. 

Hope this information is useful. 

Hope this information is useful. 

All the 4 children will get equal shar ein ancestral properties. For the WILL a petition have to be filed in local civil court for the probate.

- Since your father left a WILL in favour of 4 children , then if there is no dispute amongst all the claimant , then on the ground said WILL can apply for mutation of the property in the respective or joint name . 

- Further , there may be requirement of court certificate for the mutation , hence any of you can apply before the district court for Probate the said WILL . 

- Further after demise of your father , the property would be devolved upon all the legal heirs i.e. your mother if alive , all the children including sisters equally, as a WILL is not valid for ancestral property . 

1. You shall have to apply for grant of probate of the will before the Civil court to acquire the title of the properties he has bequeathed to you.

2. For the ancestral property you shall have to file a partition suit if the other legal heirs refuse to register a mutually agreed partition deed.

3. After acquiring the title of the land and properties in your name, you can construct building thereupon.

You hhlave to take probate.

You need to apply for mutation of property on basis of registered will of your father along with his death certificate in revenue office.

If he left a will, his property will probably be distributed according to its terms by the probate court. You must complete certain steps to get the probate process started.