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Property near coimbatore

Guest (Querist) 06 August 2013 This query is : Resolved 
Dear Experts,

My sister, a Chrisitan, purchased land near Coimbatore in Tamilnadu State and constructed a house containing three units. She relocated to Coimbatore in January 2012 from Chennai. She passed away in March this year in Chennai, but before her demise she left a Will bequeathing the property to us four surviving siblings. My questions are as follows:

1) How do we get the property changed to our individual names?

2) Do we have to get a Legal Heir Certificate or Succession Certificate? (I ask if Succession Certificate is required since it is passing on from sibling to sibling).

3) Do we have to register this at the court, if so, where? In Coimbatore or Chennai?

The building was constructed on approved land but approval to build in that area has not been passed yet. What do we do. Please advise.

Thanking you.
M.Sheik Mohammed Ali (Expert) 07 August 2013
you must probate the will through court at property located place court,

after that you partition deed made it

you get succession certificate.
prabhakar singh (Expert) 07 August 2013
First apply for a probate if executor is appointed in the Will.In case no executor is appointed in the Will apply for LOA(letter of administration).Prove the Will in the proceedings.Grant of probate or LoA binds whole word.No succession or heirship would be required for mutation or any kind of transfer to be made in future.
Guest (Querist) 07 August 2013
Yes, there is an Executor of the Will. My question is, does the Executor alone apply for the probate, or, all the beneficiaries?

Thank you for your reply.
prabhakar singh (Expert) 07 August 2013
It is executor alone to apply for probate.
Raj Kumar Makkad (Expert) 08 August 2013
No more to add.
Guest (Querist) 08 August 2013
We are Christians. I was given to understand that Christians are exempted to probate a Will. Is this true?

Thank you for your reply.


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