Doubts in probate of will through court decree
siri
(Querist) 17 October 2011
This query is : Resolved
who(testator) wrote the WILL and register in sub register office on year 1995 and died in year 1998 mentioned contents in WILL by testator has follows
My father had bought the land of 450 sq yds with out documents in year 1935 and constructed RCCo house in 450 sq yds in year 1960 and started paying municipal tax of assessment no :18204.Now my father and mother both were died with out writing any document to me and i am only one daugther of my parents and there were no other legal heir so I started paying tax for house of assessement no:18204 in my name till year 1995 and now I am writing this WILL for my 2 daughters whose share is 230 sq yds & 220 sq yds each .
The registered WILL has 2 witness signature and each document in WILL with testator attestation signature and date & more over WILL is perfect drafting and registered also.
Now in year 2000, 1st benficiary had sold her shared property since probate of WILL is not required in andhra pradesh. In year 2011 it was came to know by 2nd beneficiary that she did not get absolute Title has there was no registered documents before year 1995 for her shared property.so PLZ clarrify following things.
1)Now in year 2011,whether 2nd beneficiary can probate the WILL for his shared property by paying court fees .
2)If point no 1 is situation ofg case,then after probate of registered WILL in her favour,whether 2nd beneficiary can get absolute Title of her shared property since there was no link documents before year 1995 except registered WILL of year 1995 for said property.
3)If not tell me procedure to get absolute Title for 2nd beneficiary in the process of Probate of WILL more over 2nd beneiciary now in continuous possession from year 1998 to 2011 by paying taxes in her name
4)after probate of WILL,to enter beneficiary name as owner in BOOK No 1 in sub register office,again it is necessary to pay stamp duty & registeration fees in andhrapradesh Or with out fees can beneficiary can enter her name in sub register ofice.
Sankaranarayanan
(Expert) 17 October 2011
for the absolute title you have to seek local lawyer and need to pay stamp duty for the same.
niranjan
(Expert) 17 October 2011
If the first beneficiary can sell her share,how 2nd beneficiary not? The will itself is the document of title unless disputed,and on the basis of will she can also sell the property.However if she still needs title,file suit for declaration that she is the absolute owner of the property by will against the person or authority who denies her title.
Raj Kumar Makkad
(Expert) 17 October 2011
1. Will supported with municipal record is sufficient to establish your salable title at par with your sister. Probate of will is not necessitated in AP even then it can be got and it shall further strengthen your claim of title without objection from any quarter.
2. Yes.
3. As replied above. It shall further strengthen your case.
4. There is no such need.
