Transfer of property

srinivas (Querist) 07 August 2019 This query is : Resolved
sir
my father has made a registered will giving the house to my mother till her death and subsequently equally to all hsi children. we are four siblings .my mother passed away three month ago without leaving any will . we are hindus .now my queries are as under
1) how long the will be valid
2) is the will of my father valid now as my mother is no longer alive ,whether can we apply for transfer of property in our names ( all four siblings)based on the will made by my father
3) can we get decree based on the will of my father or do we have apply for fresh succession cerificate .
40 my mothers death certificate shows only name and place of death without mentioning husbnads name or permanent address . will thsi crate any problem for us .
thanks
srinivas

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SHIRISH PAWAR, 7738990900 (Expert) 07 August 2019
You have to apply for probate in civil court and thereafter you can transfer the property in yours name. As per me there will be no problem if the name of your father is not mentioned on death certificate.

kavksatyanarayana (Expert) 07 August 2019
Ji, your late father executed will bequeathing his property to your mother subject to condition that she has only right to enjoy the property till her death and after that it goes to their children i.e. to you & your siblings. it is registered will. so 1. now it is valid. 2. Yes. 3. to me probate of will is not necessary as the will was registered and no disputes between you and your siblings. 4. not a problem.