Sreeranganath T V (Sr. Manager IT) 01 March 2016

Will and further guidance.

Hi, I am new to this website. However, my father has done WILL just one week before to his death with some properties clearly, as we are four brothers how do we take those into positions like house, site individually. Properties are owned and procured my father itself not any ancestors, whether its based on WILL or straight on death certificate. My mother is alive. Please show some road map. We are on dark and need your expertise guidance. Request your advice clearly.

Reply Follow

3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 01 March 2016

Sir,

Since the properties are self acquired, you don't have to worry, just go by the terms of the will get the same probated and get the property mutated in your name.

Warm Regards

Kapil Chandna Advocate

9899011450

saravanan s (legal advisor) 01 March 2016

The property would devolve on the beneficiaries based on the will if its a valid one.otherwise it will be considered as intestate property and will devolve over the legal heirs according to hsa

Vijay Raj Mahajan (Advocate) 01 March 2016

The Will shall prevail over the law of inheritance (Hindu Succession Act,1956 for Hindu family) in this case, the Will should be presented to Civil Court for probation and let summons be served up on all the heirs of your father including your mother and even anyone in general public through newspaper publication for filling any objection if any against the Will, if no objection received the Civil court will allow the probation petition, hold the Will as valid and probate it for execution and you all the beneficiary can partition the assets of your father according to terms and conditions of the Will, get the mutation of name in the Municipality records etc. carried out as the case may be.