• Legal heir documentation and will

Background :
My grandfather died six years ago with a registered will giving property to my dad .
Due to dad s health issues , the will couldnt get executed .
My dad passed away last month to covid .and a property of his own and a will which has property of grandfather , both houses are side by side with doors connecting the two internally.

Question : I m completely okay with not selling the property off and keeping both the houses , but even if i,mom(dad's spouse),sister get a Legal heir certificate (relation between us and dad ) so that property comes in the name .What about the property which is in the will ? do to get the property mentioned in the will in our name .? Or should we get a legal heir certificate and chill since there s no intent of sellling property and if needed , the will (which gives prop to dad ) and our legal heir certificate (linking us dad ) will do the work
Dad didnt have a legal heir certificate linking to grandpa
Asked 5 months ago in Property Law
Religion: Hindu

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21 Answers

It is necessary to peruse will executed by grand father and father to advice 

 

2) you can  apply for probate  of father will 


3) probate is judicial proof that will is genuine .

 

4) probate is not mandatory in UP 

 

5) you can apply for mutation of property in name of beneficiaries on basis of registered will 

 

 

 

Ajay Sethi
Advocate, Mumbai
84381 Answers
5530 Consultations

5.0 on 5.0

The title of the property which was belongs to your father will automatically be transferred to legal Heirs including mother

However the bill in favour of your father probated and the property should be transferred according to the legal heir certificate issued in favour of you your sister and mother

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

The property of your grandfather belonged to your father as per the will. A declaratory suit must be filed in the district court for declaration of the legal heirs. 

The property of your father too belongs to you and your siblings and your mother.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

On father demise property mentioned in grand father will would devolve on your mother , you and your siblings 

 

apply for mutation of property. Enclose death certificate of deceased grand father , grand mother , father 

Ajay Sethi
Advocate, Mumbai
84381 Answers
5530 Consultations

5.0 on 5.0

The will of the grandfather has to be filed in court and a probate taken by you.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

Only after transfer of property in your name should you carry on any work of merging houses into one 

Ajay Sethi
Advocate, Mumbai
84381 Answers
5530 Consultations

5.0 on 5.0

You may do all the construction and other things as you people are the true legal heirs of the property. But it would be better if you started the proceedings to transfer the property in your name so as to avoid any future litigation.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

The property bequeathed to your father by his father through a Will and the property that was on your father's name itself would devolve equally on all his legal heirs i.e., you, your mother and sister.

You can obtain a single legal heir ship certificate in respect of the legal heirs of your deceased father  and along with the death certificate of your father and the copy of the Will on his name for the other property, you three can submit an application jointly to the revenue department/Tehsildar to transfer the properties mentioned in the application (you may attach a photo copy of the registration copy of the property documents also with the application), to the names of all three legal heirs  of your father.

Subsequently you three shall become the joint owners/co-sharers of the properties. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

since father doesnt have a WILL then there is no point of grandfather WILL because it was giving it to father only. 

So without grandfather WILL also  the property is of your father. 

 

Now both properties have to be distributed to all legal heirs.

 

Now its upto you 3 to make arrangement to merge or distribute or gift or release property share. 

 

Do any modifications only after completing paper work properly to complicate things. 

Ankur Goel
Advocate, Bangalore
355 Answers

4.9 on 5.0

Your father becomes the owner of the property bequeathed in the Will by his father when the will came into force upon his father's death.

The other property is your  father's own property.\

Thus your father is the owner of both the properties.

Your father is reported to have died intestate hence the properties left behind by him shall automatically devolve on his legal heirs/successors in interest to succeed to his estates.

Therefore you can follow the procedures prescribed in law or by can follow the procedures mentioned in my previous post in this regard. 

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

First of all you should get the property transferred to your names by adopting the legal procedures meant for this purpose. 

After getting the property transferred to your names, you people should jointly authorize the contractor to follow the legal procedures to merge both the properties as one by obtaining permission from the authorities concerned, the builder will be able to get them for you.

After that you three can partition the properties among yourselves amicably as per mutually agreed conditions. 

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

nOC from sisters is necessary 

 

2) if they refuse to give NOC tehsildar would not mutate property in your names 

 

3) reason being they are legal heirs of deceased grand father 

 

4) children of bus can claim share in property on bua demise 

Ajay Sethi
Advocate, Mumbai
84381 Answers
5530 Consultations

5.0 on 5.0

Once there is a will there is no requirement or reason for a noc as the property belongs to his son ie your father.

If there is no will the property can be claimed by the sisters or their heirs.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

Dear Sir/Madam,

1. Since your grandfather's will has not been executed, and your father is no more, please approach the Court for a succession certificate, in order to get the property (both your father's and grandfather's) transferred to you and your sibilings.

2. A legal heir certificate is issued to identify the living heirs of a deceased person whereas succession certificate is issued to establish the authenticity of the heirs and give them the authority to inherit debts, securities and other assets that the deceased may have left behind. In order for you to inherit the property, succession certificate is a more authentic document.

3. Even if you merge the house, in order for the merged house to be registered in your name, a succession certificate is a must. 

Thank you

  • If you like my answer, please give a good rating and leave a review 

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

If taking Probate of Will is not mandatory in your state then without it Will has no force. To get the probate you need to apply for it with consent of other beneficiaries or legatees of Will. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

1.  Firstly you should understand the legal position of the property.

Your grandfather has transferred  his property by a testamentary disposition  i.e., by a Will.

The procedure for enforcing the Will and  acquiring the property so bequeathed is that the beneficiary has to apply for transfer of revenue records to his name by submitting NOC from legal heirs or have to get a probate order from a competent court of law. 

Therefore be aware that the property has not yet been transferred to your father's name, hence you cannot say that you need not obey the law or comply with the legal procedures  that are to be observed in this regard. 

2. Do not stretch your imagination and or ask questions which do not have any legal value.

You should be concerned about what is to be done and not be worried about an incident that may take place after 30 years from now.

Your father should have got the property transferred to his name by complying with the legal requirements, since he is no more alive, the successors to succeed this estate need to follow the due procedures of law. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

It will be first decided as per will. If the person to whom the property is given under will dies then the legal heirs of that person will get the share

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

1. If the will is registered then property has devolved in terms of the will.

2. Therefore, on the intestate demise of your dad the property which he inherited through will has further devolved equally on all his Class 1 heirs (his widow and children presuming his mother is dead).

3. You can apply for mutation of inheritance on the basis of will of your grandfather and death certificate of your father.

4. Legal heir certificate is not required.

Ashish Davessar
Advocate, Jaipur
30751 Answers
919 Consultations

5.0 on 5.0

1. You are free to merge both houses but before that apply for mutation of the property which your father inherited from your grandfather through will.

2. Your bua or her children have no share in the property.

Ashish Davessar
Advocate, Jaipur
30751 Answers
919 Consultations

5.0 on 5.0

He cannot insist for any from your buas since they were excluded from inheriting his property by tour grandfather, who exclusively passed on this property to your father.

 Your buas or their legal heirs have no share in either of these houses.

Produce the will before the competent authorities in place of the NOC.

 

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
215 Consultations

5.0 on 5.0

- Since your grandfather had left WILL in favour of your father , then after getting the same that property would be considered as his self acquired property 

- Further, after the death of your father intestate , his both property would be devolved upon all his legal heirs i.e. your mother if alive and children equally.

- Hence, you can claim the property on the ground of the WILL in favour of your father as well. 

- Further , if your father or you was in the possession of that property since last 30 years , then you can claim the ownership on the ground of adverse possession as well. 

- Further , you can also apply for getting probate that WILL , and also for mutation of that property . 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

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