shyam 30 May 2016

Probate without a will

Please can you help:

My father has passed away without a will

So far after a some reading I understand I need a Probate, the questions I have are:

1. Is there a different type of probate for a person who passed away without a will? Please can you guide me with the process and costs. (I understand that there is usually a 75,000 INR court fees for immoveable properties over certain value, but what are usual lawyer's fees?

2. What happens if a list of assets is created and after the probate is issued we find there are other assets we did not include in the probate, is there a way to request the court to make the probate broad spectrum on top of the list of assets incase we find more assets in the my father's name after issuing the probate.

3. When the probate is issued and property is being transfered to my mother's name, is there a way to impliment "right of survivorship" by either adding my name to it or any other way which would avoid having to make a probate in the future. Most of my friends say that there is no such thing as "right of Survivorship" for immoveable properties in India. they say that even if we try, in the future no one will buy the property from us without seeing a probate. Is this True? There must be a way to avoid the headaches of a probate. How can a person do estate planning if everyone is forced to get a probate?

Thank you,
Shyam

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7 Replies

Kumar Doab (FIN) 30 May 2016

If there is no WILL then how can there be probate of WILL?

There seems to be some confusion.

If someone dies without making a will, he/she said to have died 'intestate'. In that case, the personal law applicable to deceased e.g; Hindu Succession Laws, sets out who will deal with the deceased's affairs and who should inherit their estate ie., property, personal belongings and money etc.

Either you have approached court for Succesion Certificate or Letter of Administration.

srinivas (xxxxx) 30 May 2016

getting the probate from the court if will is available or

geeting sucessiuon certificate or

letter of administration from court

which of these options is easy cost less and less time consuming .experts to pl confirm

thanks inadvance

Kumar Doab (FIN) 30 May 2016

@ Srinivas,

How are you related with the query posted by @ Shyam?

Kumar Doab (FIN) 30 May 2016

Probate, Succesion Certificate, Letter of Administration, Legal Hier certificate are all different and for different purposes/items.

shyam 30 May 2016

Sorry, My mistake, once I posted, I could not see my post so I thought the subcatagory had to be selected.

Ok I understand, thank you for clarifying, but what happens if a list of assets is created and after the Sucession Certificate is issued we find there are other assets we did not include in the Sucession Certificate, is there a way to request the court to make the Sucession Certificate broad spectrum on top of the list of assets incase we find more assets in the my father's name after issuing the probate.