Procedure of transfer of the property by the executioner

Querist : Anonymous (Querist) 23 May 2018 This query is : Resolved
my fathers will has been probated and my cousin is the executor of the will. please tell the procedure my cousin should follow to transfer the property in my name( heir mentioned in the will)

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Kumar Doab (Expert) 23 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.

Kumar Doab (Expert) 23 May 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
Check locally and comply with procedure. The concerned official in the O/o Authority e.g; Tehsildar,Patwari, shall act upon the matter and transfer the ownership by probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.

Kumar Doab (Expert) 23 May 2018
The executor can submit the probated WILL and/or if executor avoids IT’s responsibility, the beneficiary may submit.

Ms.Usha Kapoor (Expert) 24 May 2018
Certified copies of the will, legal heir certificates and death certificates must be submitted to the authorities..The authorities may ask NOC from Legal heirs other than beneficiary or release news paper Ad inviting objections or write to legal heirs for objections within a set time and if they don't receive any objections If it/will is contested it goes to probate court and court decides the validity of the will. The authorities such as Patwari and Tehsildar etc act on the probate and transfer the property in the name legal heirs in mutation records.