Transfer of property through will

Naveen Kumar (Querist) 01 May 2012 This query is : Resolved
My Grandfather made a will in favour of my father lived in Delhi. Can property of my grandfather be transferred in my father's name by way of will.

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ajay sethi (Expert) 01 May 2012
apply for probate of will . it is judicial proof of genuine ness of will

Devajyoti Barman (Expert) 01 May 2012
Only after getting Probate of the Will, the contents if it is given any effect.

Adv.R.P.Chugh (Expert) 01 May 2012
Dear Mr.Kumar,

There are end number of judgments to the effect that there is no requirement probate of will in Delhi. However in the fitness of things, probate or letter of administration (as the case may be) be obtained to establish conclusively the genuineness of the will. In the alternative - mutation can be done in the MCD records on the basis of un-probated will too.

Feel free to talk !

MohammedRaffiq Bijapur (Expert) 01 May 2012
I agree with Adv Bharat Chugh

ashutosh mishra (Expert) 01 May 2012
Probate of a will is granted only when an executor of will is appointed in the will.

If not so then beneficiaries can get letter of administration.

Although these proceedings are necessary in three presidencies Bombay, Calcutta and Madras,one is free to go or not to go in other places,though going for it is beneficial as the WILL goes proved once for ever.

RAJU O.F., (Expert) 03 May 2012
Two facts are to be ascertained to answer the query:

Whether the property was self acquired by grandfather-
whether grandfather is alive-