Executing a registered will
karthik
(Querist) 02 September 2014
This query is : Resolved
My father left behind a registered WILL which includes his wish to entrust the house we currently reside in to my mother during her tenure and then to his son(me) absolutely.
we belong to a Hindu family. I is necessary for me execute/probate the will?.if not will i face any issues in the future if i decide to sell the property?
Devajyoti Barman
(Expert) 03 September 2014
Where from are you hailing?
In most part of India taking Probate of Will is mandatory to deal with the Willed property.
karthik
(Querist) 03 September 2014
We are in bangalore. Property is also located in Bangalore.I was able to get the katha transferred to my mothers name based on the will.
I was informed by the lawyer firm that prepared my fathers will ,that since I am from a Hindu family we need not probate / execute the will, registered will with sale deed in fathers name will hold good.kindly suggest
ajay sethi
(Expert) 03 September 2014
probate is not necessary in karnataka
Anirudh
(Expert) 03 September 2014
Whether you have any brother(s) / sister(s)? Are they aware about the existence of the WILL? Are they OK that your father has bequeathed the property to you, after the life time of your mother?
Dr J C Vashista
(Expert) 03 September 2014
Reply the valid and relevant questions raised by expert Sh. Anirudh.
Kumar Doab
(Expert) 03 September 2014
The registered WILL fetches more reliance.
The WILL can be contested.
Spouse (mother) son(s) daughter(s)...................are ClassI legal heir.................
Your law firm might have advised/taken some steps to inform other legal heir on record.
If you have any brother and sister and they are informed on record and have no issues then you should be comfortable.
C.V.Kansara
(Expert) 04 September 2014
I agree with Mr. Anirudh.
karthik
(Querist) 04 September 2014
Thanks mr. Anirudh. My reply below
Whether you have any brother(s) / sister(s)?
One married elder sister
Are they aware about the existence of the WILL?
Yes.
Are they OK that your father has bequeathed the property to you, after the life time of your mother?
There are differences between our family and sister in laws family and I am sure they will insist my sister to challenge the same.
Kindly suggest if pro bating the will make any difference ?
Anirudh
(Expert) 04 September 2014
Dear Karthik,
Please note that mere existence of the WILL is not enough. If all the parties agree then the WILL can be given effect to without any problem. The agreement of the parties to give effect to the WILL will be by granting No Objection Certificate. Without the NOC no authority will recognise the WILL and consequently will not act upon it - either mutate or do what one needs to do according to the WILL.
Currently, as the property is to be with your mother during her life time according to the WILL, you may not face any problem. Later on, after the life time of your mother, it will be very difficult for you to rely upon the WILL to claim your rights through it.
Therefore, in your own interest, it is advisable to get the WILL probated. Your sister will get a chance to oppose it. The court will decide it. (If you do not do it now, then later on you will have the same problem. At that time, again the delay in producing the WILL or getting it probated will arise and you will have a tough time in explaining the delay.)
Anirudh
(Expert) 04 September 2014
Dear Mr. Karthink,
Now you will realise, what answer you will get for your first half-information, and what answer you will get for your full information.
Therefore, whenever you or anybody poses a query, it is very much essential that necessary facts are revealed without any editing at your end.
karthik
(Querist) 04 September 2014
Thanks again Mr Anirudh.
The Will was made by my father on his self acquired properties and was explicitly done to ensure that all his self acquired properties stays within the family.
So do we still need an NOC from other legal heirs (my sister)?
Anirudh
(Expert) 04 September 2014
In fact you have to get the WILL probated through Court for the long term trouble free situation.
You need not worry that your sister (because of the pressure from her in-laws) will oppose the probate. That she will do in any case.
Now the matter is fresh, the witnesses will also be there to give evidence before the Court. Even if there is any objection from your sister's side, the Court will rule in favour of the WILL if the witnesses properly give evidence.
If you fail to get the probate now, as I mentioned to you earlier, later, the authenticity of the WILL will be doubted because of sheer delay.
Kumar Doab
(Expert) 04 September 2014
You may go thru the rules on transfer of property of MC/Dev. Authority..................whatever........... under whose jurisdiction the property falls.
The rules may have requirement of NOC from legal heir in case the owner has left a WILL.
Dr J C Vashista
(Expert) 05 September 2014
Very well advised by the experts, nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 06 September 2014
In Karnataka state Probating the Will is not necessary and is not being done. On the basis of Will, if the Katha was transferred on your mother's name, it can be deemed that the Will was acted upon, hence let the Katha remain on your mother's name till her life time subsequently, you can change the Katha on your name. Since there is no probate cases filed in Karnataka, do not go for it.
