I am writing to seek your assistance with a matter regarding the registration of property that originally belonged to my late grandfather Background My grandfather passed away 20 years ago. Before his death, he equally distributed his property among his four sons, including my father, and documented this in a will. My father has three living brothers, one deceased brother, and three living sisters, with one deceased sister. At the time of property registration for my father’s brothers, my father signed the necessary documents, allowing them to register their shares. Current Issue: My father now wishes to register his share of the property. However, one of his brothers is refusing to sign the necessary documents unless my father gives him a share of the property. I would like to confirm whether the signature of the deceased brother's children is also required for this registration process. Questions: What steps should be taken to register the property in my father's name, given that we have a will? How should we address the demand made by my father’s brother for a share in exchange for his signature? Is the signature of my deceased uncle’s children necessary for the registration? I would greatly appreciate your guidance on these matters.
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apply for probate of grand father will . enclose affidavit of one of attesting witness
probate is judicial proof that will is genuine
3) if your uncles / deceased brother children contest will it would be converted into testamentary suit
4) amicable settlement is best option
Dear client,
I’m sorry to hear about the difficulties you’re facing. Let’s address your questions step by step.
Steps to Register the Property in Your Father’s Name
1. Verify the Will: Ensure that the will is legally valid and has been probated. Probate is the legal process through which a will is validated by the court.
2. Gather Necessary Documents: Collect all required documents, including the will, death certificate of your grandfather, identity proofs, and any previous property registration documents.
3. Legal Heir Certificate: Obtain a legal heir certificate if not already done. This certificate will list all the legal heirs of your grandfather.
4. No Objection Certificate (NOC): Obtain NOCs from all legal heirs, including the children of the deceased brother and sister. This is crucial to avoid any future disputes.
5. Approach the Sub-Registrar: Submit all the documents to the sub-registrar’s office for the registration process. The sub-registrar will verify the documents and proceed with the registration.
Addressing the Demand for a Share
• Negotiation: Try to negotiate with your father’s brother to resolve the issue amicably. Sometimes, a mutual agreement can be reached without legal intervention.
• Legal Notice: If negotiation fails, consider sending a legal notice through your lawyer, stating that the demand for a share is unjustified and that you are prepared to take legal action if necessary.
• Court Intervention: As a last resort, you can approach the court to enforce the will and compel the brother to sign the necessary documents.
Signature of Deceased Uncle’s Children
Yes, the signatures of the deceased uncle’s children are necessary. They are legal heirs and have a right to the property. Their consent is required to ensure that there are no future disputes regarding the property.
Additional Steps
• Consult a Lawyer: Given the complexities involved, it is advisable to consult a lawyer who specializes in property law. They can guide you through the process and help address any legal challenges.
• Documentation: Keep all communications and documents well-organized. This will be helpful if the matter escalates to legal proceedings.
Thank you. Should you require any further clarification, please do not hesitate to contact us.
The Will itself is a title document hence no further steps namely a registered deed on his name again is not necessary.
He has to transfer the revenue records to his name on the basis of the registered Will towards his share in the property, of course the revenue department may insist on NOC from other legal heirs of your deceased grandfather to this.
If anyone is not willing to furnish NOC then your father can file a suit to declare his title on the basis of the Will or he can file a probate petition for grant of probate to Will by which he can transfer the revenue records to his name.
It is not possible to answer without first seeing the Will
You will have to prepare a family tree with exact dates of death of your father's siblings
If your deceased uncle died after your grandfather then the uncle would get a share under the Will. And upon death of that uncle, his share will go to his children.
And if your deceased uncle died before your GF, then depending on what is mentioned in the Will, his children would be entitled to claim a share...however that will become clear only once you show the Will to a lawyer along with family tree
- Since, your grandfather distributed his property by way of Will in favor of his four sons, and hence they have equal share in the property
- Further, after getting the respective share in the property , then can sell their share without taking the consent of others
- Hence, no consent is needed from the legal heirs of deceased brother for the registration or dealing of his shares
- You father can apply for mutation of his shares property after submitting the death certificate of his deceased father and Will.
- Further, if there is dispute over the Will , then Probate is necessary from the Court.
When there is a duly executed WILL , there is no need of anyone`s sign.
Just apply for mutation enclosing copy of the WILL
