Notarized will
Querist :
Anonymous
(Querist) 18 November 2018
This query is : Resolved
Sirs, i have put this query to Yashji, on this site. But Since, i have URGENCY, so also querying through this link, as well. Pl. excuse, if its forbidden.
Sir, i have notarized will of my mother, who died 4th April 2014. Under will my wife & Mentally Disabled Daughter granted 1 room 1 kitchen small flat. when i approached Gujarat hosing Board for Registration. They asked to PROBATE it ? is it required ?
Kishor Mehta
(Expert) 19 November 2018
Wills executed in Gujarat for properties in Gujarat are not required to be probated. They need to be authenticated.
Kumar Doab
(Expert) 19 November 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 19 November 2018
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
How did they ask to probate the WILL; verbally or in writing?
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
Check locally and comply with procedure.
Kumar Doab
(Expert) 19 November 2018
Have legal hiers other than beneficiary signed NOC or have contested the WILL?
If any person has made an unjustified demand then, approach higher authority.
Querist :
Anonymous
(Querist) 19 November 2018
Sir, firstly Thanks a lot for RESPONSE. Since, i am new to this site so used AQ. The Gujarat Housing Board gave me a letter whereby am supposed to pay an amount for "Dastavej" for said 1 room 1 kitchen flat and under NOTE : they have mentioned that i have to PROBATE it or submit "PEDHI NAMU". My argument was My mother has POWER OF ATTORNEY for said flat and she mentioned in her NOTARIZED WILL. its her PROPERTY. Why i should get either "PEDHI NAMU", which forces me to take permission from HE / SHE WHO do not OWN the said flat or go for PROBATE to GENERAL PUBLIC. Kindly Guide. How to UPLOAD GHB's Letter for your ref ? Nobody has contested a will. NOC, from other than beneficiary not taken as that's what the bone of contention. my argument to GHB was as “PEDHINAMU” is a document, in my mother’s NOTARIZED WILL CASE, which demands green signals or NOC from who DO NOT HOLD ANY OWNERSHIP OR IT DO NOT BELONG TO because my late mother holds power of attorney of said flat & in her own conscience had written WILL. Secondly about PROBATE, why I should go to GENERAL PUBLIC for their NOC because POWER OF ATTORNEY of above flat belongs to MY MOTHER and she has desired it to give to my WIFE & MENTALLY challenged DAUGHTER.
Dr J C Vashista
(Expert) 20 November 2018
PoA has no title or right in a property therefore, your mother has "no" right to execute will.
Show the PoA to a local prudent lawyer for better appreciation of document/ facts and professional advise/proceeding.
Kumar Doab
(Expert) 30 November 2018
1st thing 1st; The WILL has to be valid.
Only title holder/owner can dispose the estate/property by WILL. Show the said PoA, all other property related documents to your LOCAL cousel to opine if WILL is valid.
Also as already posted the consent of legal heirs to WILL is required if Probate by court is to be avoided.
Or as already suggested by the LOCAL authority also, if you do not submit these then go for Probate of the WILL.
The response of the authority is not wrong.
Right now NO question on WILL being valid is raised by authority, as per contents of your posts.However once the WILL is submitted and mutations edord and all link docs are checked the Authority may also opine that tetstator was/was not owner hence can/cannot dispose the property by WILL.
The (valid) WILL is mere piece of paper until IT’s authenticity is consented by legal heirs OR WILL is probated.
A stranger cannot contest the WILL, except creditors and legal heirs.
So consult a very able LOCAL counsel ASAP and proceed to comply with procedure ASAP if testator had a privilege to bequeath by WILL.
Your counsel can tell you clearly after examining all Docs and inputs in person.
