Will

Querist : Anonymous (Querist) 31 December 2010 This query is : Resolved
Respected experts, Please let me know the step by step procedures to be followed when a person dies leaving a will of his self earned property. He has left his property in his children's name and they do not know how to register the property in their name now. Please guide us also about when the probate is necessary.

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adv. rajeev ( rajoo ) (Expert) 31 December 2010
Children has to obtain legal heir certificate from the concerned Tahasildar first.
Then they will have to file an application before the concerned authorities by enclosing the will and death certificate of the deceased to get enter their name to the properties.

Querist : Anonymous (Querist) 31 December 2010
Sir, but it is said that we have to get the legal heir certificate from the court now instead from a Tahasildar. Is that true? And how much time it takes to get a legal heir certificate from court?

SAANJAAY GUPTAA (Expert) 31 December 2010
yes you can call it as Succession Certificate also and it requires minimum time of six months.

s.subramanian (Expert) 01 January 2011
If the will has been executed in metropolitan cities i.e Delhi,Mumbai, Calcutta and Chennai,probate is mandatory. Otherwise taking a probate is purely optional. You are right in saying that the heirship decree has to be obtained from the court. Tahsildhar has no legal authority to grant it. It will take a month's time to get it from the civil court is there is no contest.

Chanchal Nag Chowdhury (Expert) 01 January 2011
Probate Application can be made anytime after the death of the testator. It will have to be filed by the Executor named in the Will in the court of the District Delegate of your District.U cannot obtain a Succession Certificate as suggested by an Expert if it involves immovable properties. Moreover, U have to give a false declaration that the testator died intestate, i.e. without leaving any Will.

bhagwat patil (Expert) 01 January 2011
If the property contains agricultural land the talathi can issue succession certificate

Advocate Bhartesh goyal (Expert) 01 January 2011
I agree with Mr. Chanchal Nag's view that if the property left by deceased is immovable and deceased had executed a will for that,Probate certificate has to be obtained from District Judge or .deegated court.

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