Transfer of property share on basis of unregistered will
Shashwat
(Querist) 13 May 2013
This query is : Resolved
Hello,
My query is related to transfer the ownership of my mother’s property share to my father's name.
Situation:
A private builder is constructing an apartment building in Noida, UP in which my mother & father holds one flat under CLP scheme. They have been paying installments regularly to the builder. My
mother & father own 50% each of the flat.
Now, after the sad demise of my mother, my father is looking to transfer her 50% share to his name as per the will left by her.
She has left an unregistered will in presence of 2 witnesses which says that her share bequeath to my father.
Now, the problem is that the builder is not accepting the unregistered will and is asking for succession certificate to transfer my mother's share to my father.
Are they right to ask for succession certificate? Shouldn’t just unregistered Will suffice the requirement?
Thanks,
AMAR RANU
(Expert) 14 May 2013
As per law,Will can be registered or unregistered.Both way,it is valid.
Builder is right and you have to approach High Court for getting Succession Certificate on the basis of said valid Will.
It will not take much time if your father approaches the High Court in the capacity of Sr.Citizen.The matter shall be fast tracked.
Shashwat
(Querist) 14 May 2013
Thanks Mr. Amar.
Does he have to go to High court or Civil Courts?
As you said, Is there any provision to get things moving quickly on basis of that he is a senior citizen?
Raj Kumar Makkad
(Expert) 14 May 2013
Civil court is the only remedy and no much time is required as there is no dispute over this matter in your family.
Hemant Agarwal
(Expert) 15 May 2013
1. The builders responsibility is only to construct the apartments and hand it over to the joint flat-owner(s). This can be done to anyone of the flat owner (if the other flat-owner is dead). The remaining flat-owner, may at the most can give an indemnity bond on a 200/- stamp paper, indemnifying the builder against any future claim by who-so-ever.
2. The builder has absolutely no lawful jurisdiction to transfer the property to the remaining flat-owner (if the joint owner has expired), hence there is no question of the builder asking for an will or succession certificate.
3. A duly prepared will and duly witness-attested will, even though unregistered is good enough for all purposes subject to no other claimant-disputes on the same ELSE the will needs to be duly registered for all purposes, in the event there are counter-will or counter-laims or unprojected disputes.
4. Disputes regarding property transfer / will / successions / so on, will lie only in the competent courts and not with the builder,
Keep Smiling .... Hemant Agarwal
Shashwat
(Querist) 15 May 2013
Thanks Mr. Hemant & Mr Raj.
One more thing, Can you please explain the difference between a succession certificate & probate of will?
Also, if in future either of the two is required, which one takes less time to get?
Please note that the said property(flat) is in Noida, UP and we live in Delhi.
Thanks.
Raj Kumar Makkad
(Expert) 15 May 2013
Instead of asking academic queries, confine to your own cause vide which you have to engage a local lawyer and have to move ahead as already advised.
Shashwat
(Querist) 16 May 2013
Thanks Mr. Raj
It may look like an academic query to you but as a layman, I thought an expert would be able to answer my question in respect to the practical situations they may have encountered in their career.
Anyways thanks for your effort in replying to me
Hemant Agarwal
(Expert) 16 May 2013
for: Shashwat
1. No will executed by deceased about his movable properties EQUALS to obtaining succession certificate from the competent courts, for beneficiary rights over the movable properties of the deceased.
Time Frame: 1-6 months, depending on various parameters.
2. Will duly executed, BUT requires enforcement by court orders, in favour of the beneficiares EQUALS to duly applying and obtataining "Probate of Will".
Time Frame: 1-6 months, depending on various parameters.
Probating of will can be dispensed with in the territory of Noida (UP)
As rightly suggested by Adv. Makkad, it wouild be better for you to have a one-to-one consultation session with a local advocate, for finer details.
Keep Smiling .... Hemant Agarwal
Shashwat
(Querist) 25 May 2013
Thanks Experts.
Just to clarify Is succession certificate valid for immovable properties (Like Flats)?
Someone told me it is required for only movable properties?
Would you please clear my confusion?
Thanks,
R.K Nanda 
(Expert) 25 May 2013
no more to add.
