Legal heirship

Shyam (Querist) 19 August 2017 This query is : Resolved
Respected All,
I am based in Ahmedabad,Gujarat.
I want to ask few questions on legal heirship.
1.We are three brothers and two sisters.
2.My father passed away few years ago.
3.My father made an will of one house in my mother's name.This will is registered.
4.Now my mother wants the house in her name.
5.Me and my one other brother and other two sister are ready to give away our house to my mother but
6.But my one brother is not willing to give away.
7.Under this circumstances what steps should be taken.
Please help.

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Rajendra K Goyal (Expert) 19 August 2017
If the house is in the name of late father, it can be transferred in the name of mother on the basis of will. No need of consent from anyone in this process.

Get the mutation of the house entered on the basis of will.

Kumar Doab (Expert) 20 August 2017
The registered WILL fetches better reliance and is not easily set aside atleast on the counts of authenticity.

It is not mandatory to probate the WILL in Gujarat.

Kumar Doab (Expert) 20 August 2017
It is simple matter of ‘Testate Succession’.

The process and procedure and forms might also be available on website of O/o Authority under whose property falls e.g; MC….Or it is certainly available in O/o Authority…………

Generically speaking: The certified copy of WILL, death certificate, legal heir certificate are basic requisites…………….The O/o Authority may ask for NOC from all legal heirs (other than beneficiary) and/or release advt in newspapers asking for objections if any…………..and/or O/o Authority may write to all legal heirs (other than beneficiary) to lodge objections if any in set time………………… and in case NO objections are lodged authority may act upon the WILL and transfer ownership in the name of beneficiary(ies).

Also carefully go thru the procedure of authority and check if there is a clause with……………………’If the WILL is registered’

Once you have downloaded the procedure/rules, post back.............

Kumar Doab (Expert) 20 August 2017
Any WILL can be contested on valid grounds…. In the WILL is contested it lands up in probate court of pecuniary jurisdiction…………and probate court shall decide………..

Dr J C Vashista (Expert) 22 August 2017
Get the will probated by your mother by filing a probate petition before District Judge Ahmedabad through a local lawyer.