1. Your mother has to get her name mutated in the revenue records of the municipal/corporation office.

2.  Your mother has to obtain prescribed application form for transfer of property in her name, by producing copies of your father's WILL, Death Certificate, Genealogical Tree, Latest Tax Paid Certificate, etc., and submit the filled-in  application to the jurisdictional Municipal/Corporation/Bruhat Nagara Palike, as the case may be, alongwith prescribed fee for the same.

3.  After 15 days', the revenue officials inform your mother regarding the action taken on her application, for transfer of the property from your deceased father's name to your mother's name in the revenue records. By this way your mother gets title to the property in her name.

1. Obtain probate- Probate is a document issued under the seal and signature of a Court officer, certifying that a particular Will was proved, with a copy of the will annexed.

2. You must file a petition for probate within 3 years of the death of the testator.

3. According to the will, the executor must collect and realize the estate of the deceased, pay his debts and distribute the legacies as mentioned in the Will by the testator. The duty of the executor is to probate the Will in a manner known to law.

4.The court shall grant probate only to an executor who has been named in the Will.

HOW TO APPLY FOR PROBATE PETITION:

1. The petition should be filed with the complete details of the property mentioned in the Will along with party details.
2. The will should be annexed along with the petition for the perusal of the Court.
3. A schedule of properties in the Will should be mentioned in the petition.
4. The appropriate Court shall be the District Court where the property is situated or any High Court with ordinary original jurisdiction.
5. It should be prayed that the petitioner should be declared by the court having rights as an executor to distribute the property in accordance with the intent of the Will-maker.

You may require a lawyer to file a probate petition on your behalf.

Thank you

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On the basis of death and will of deceased  father the property should be mutated in the name of mother making application to the municipal  authority with NOC by all legal heirs. This is the procedure to transfer the title of properties to mother. If there is any objection to the such transfer as provided in the will, then will has to filed in District Court for probating. After filing of the will, the Court will issue notices to all the family members and hear objections if any they have against the will. After that appoint an executor of the Court for execution of will who will transfer and register the property mentioned in the will. You have to file the original will in the court and give the names and addresses of all the legal heirs and persons interested. There is fixed fee for probate proceeding which not very high. But you have to bear the expenses of lawyer which  vary from lawyer to lawyer. It will take 3 months for probating will. Probating of will is required only when there is objections  to the will by any of the legal heir.

Thats correct.

Your mother have to do probate of WILL.

After that she will own properties and nobody can dispute it. 

But WILL can be challenged. 

Properties are still in the name of deceased, the question  any challenge to title of mother arises only when the properties are transferred to her.

Mother has to apply to authorities for mutation of property her name on basis of will of deceased father 

enclose father death certificate 

latest receipt of payment of property taxes 

notice would be issued to legal heirs 

if no objections received mutation would be done in mother name 

If objections are raised by legal heirs tehsildar would not carry out mutation in mother name 

she would have to apply for probate of will in district court 

Mom has will in her favor so, Mother will get all the property in her name by way of probation from court. 

Mutation in Electricity Dept Land Dept can be made through will 

When there is no one to oppose the will then court grants decree within 6 months. 

It's open for anyone connected to the property to challenge the ownership of your mother. You can challenge the authentication of the WILL executed by your deceased father in favour of your mother. It's advisable to challenge after the title of the property gets changed in her sole name. 

yes based on the will she needs to get the property transferred in her name with respective authorties.

If your deceased father has bequeathed his properties to your mother in his Will and the same becomes enforceable, your mothrer has to give an application to the revenue department for mutating the properties to her name from your deceased father's name.

She may have to attach  his death certificate, her own identity proofs, a copy of the Will, NOC duly notarised by a notary public from all other legal heirs of your deceased father, along with her application seeking transfer of revenue records to her name.

Once the records are transferred to hr name, she will become an absolute owner of the entire properties bequeathed in the Will

Since your deceased  father had already transferred his property by a testamentary disposition i.e., by a Will, she becomes the owner of the properties mentioned therein as the beneficiary of the Will.

Hence nobody can dispute her ownership/title to the properties or claim any share of property as a right during the subsistence of the Will, in which she is the sole beneficiary.

Now  she may have to enforce the Will by following the procedures as stated in my previous post. 

1. If taking of Probate of Will is mandatory in your state then apply for it on which basis you can apply for Mutating the name of your mother in respect of the property left by your father.

2. Otherwise on the basis of the Will and eath certificate of your father your mother cna apply for Mutation of her name. 

Mother needs to probate the will as per her husband's instructions. When the property is in her name then she may dispose it as she likes.

A will may be challenged by anyone who is either a legal heir who didn't get his/her share or anyone having an interest in the property.

Sir 

If no partition is required then there is no need of getting properties transferred to your mom. She can enjoy the properties anyway without transfer. You can get executed the will of mother which legal heirs can use later for partition. Till there is no partition or selling, enjoy it as it is. No one will dispute it and no one will raise claim; except legal heirs. 

Good luck

GM Gupta Advocate. 

A will can only be written by a person who has a property. Although your mother has been granted property through the will but they aren't in her name. Therefore the property must belong to her so that she may be eligible to write a will.

There is no time limit as such. But the sooner she does it the better as these things take time. Moreover people may dispute and challenge the will later on. The will is most commonly challenged document.

1. Your mother will have to get the mutation of inheritance sanctioned in her favour, but even if she fails to get this done it will not uproot her title to the properties which have been bequeathed to her. It has been held in a long line of judgments by the Supreme Court that mutation is not a document of title.

2. She needs to apply for mutation with the certified copy of will and death certificate of her husband.

Your mom already has the ownership of properties. She became the absolute owner of properties on the demise of her husband.

1. Even without getting mutation sanctioned she is at liberty to dispose/alienate or bequeath the properties during her lifetime. The transferee can then apply for mutation. Lack of mutation does not whittle down her right to alienate or bequeath.

2. Your mother acquired the absolute title on the demise of her husband as latter made the bequest in her favour.

There is no limitation to apply for mutation. It can be done even after 20 years.

Properties will devolve on class 1 legal heirs as father will was never acted upon and property not mutated in her name 

There is no time limit for getting property mutated 

it should be fine as soon as possible 

As per your father's Will your mother becomes the owner of the properties that have been bequeathed on her name, she may just have to transfer the revenue records to her name observing the formalities prescribed for the purpose.

Even if she is not taking any step to transfer the properties to her name and unfortunately dies intestate or by writing a Will to someone else's name, it can still be considered as her own property on the basis of the Will on her name.

if she do not claim the property during her lifetime and dies intestate then the properties  shall devolve equally on her own legal heirs, but for that you may have to take steps for mutating the properties as per the procedures of law. 

She can get the property transferred to her name anytime enforcing the Will.

The Indian Succession Act 1925 does not provide for any limitation to file a petition for probate.

The properties cannot be left un-administered for a longer period of time. These may change hands by transfer bringing its administration to uncertainty and disturb the rights which may accrue in favour of such transferee.

When the rights of parties are not decided in a probate proceedings, the Limitation Act becomes inapplicable.

Therefore the petition seeking probate of Will is not hit by limitation.

She is the beneficiary of the Will, if probate is not necessary and she had actually taken possession of the property bequeathed to her, then it is as good as she has enforced the Will.

She just have to apply for transfer of revenue records to her name on the basis of Will. 

Dear Sir,

1) The property will have to be mutated in the name of the mother to ensure her title against all in the revenue records of the govt as well.

2) After the property has been mutated in her name she can write will if she so wishes.

3) There is not any fixed time for getting entry of mutation done.This is required for the purpose of payment of property taxes, or to transfer or apply for utility connection in the name of the new owner. 

4) No mother does not lose right to transfer property, she has will that can be probated by court to allow transfer of property.

5) If anyone disputes her title to the property she can fight the same based on the will of your father.

Thank you

There's no upper capping on time limit.

She may make an application before the competent authority with a request for mutation.

She hasn't lost the right to further transfer these portieres, just because she hasn't got her name transferred against the nae of your deceased father. She still continues to be the owner and thus, can transfer/will these property to any person as per her choice.  

1. for transfer of the properties to the name of the mother, she has to obtain probate of the Will left by her deceased husband or a letter of administration

2. there is no time limit for applying for a probate or LA. However the sooner it is done, the better

3. mother can make a Will even if the properties that came to her under her husband's Will, were not transferred to her name in her lifetime. The Will would be considered valid

- If there no dispute for the property amongst the legal heirs of father , then legally your mother has become the owner of the property by way of that WILL. 

- She should apply for getting mutation in her name after submitting the death certificate and property documents . 

- Further , if there is dispute then she can file a probate petition before the court for declaring the legal owner of the property . 

There is no such time limit. It's better to be done ASAP. No she will not lose the right. She can bequeath it anytime before her death