Process for property transfer as WILLED by Father
Querist :
Anonymous
(Querist) 26 July 2010
This query is : Resolved
Hello,
My father had a property in Uttar Pradesh which is registered on his name. He had also executed a WILL on which he has mentioned that after his death, the property will go to me and my brother. Will is not registered though it is on a stamp paper with two witnesses.
My father expired couple of months ago in Karnataka. Now, myself & my brother want to register the property on our name so that we can dispose it off.
Please guide as to what procedure needs to be followed to change the ownership from my father to both of us. Property is in UP & my father expired in Karnataka.
rgds
ravi
adv. rajeev ( rajoo )
(Expert) 26 July 2010
registration of will is not compulsory. On the basis of the will you can claim the tittle of the willed property.
First you obtain the survivor certificate which will be issued by the concerned revenue officer. After obtaining it you file an vardi before the concerned revenue officer in case of agrl., land, if it is house property then file a vardi before the concerned CTS officer along with the copy of the will and succesion/survivors certificate.
Querist :
Anonymous
(Querist) 26 July 2010
Thanks for the Prompt response. I have a doubt here.
When the WILL clearly states our names for the residential property, why do we need to go far Survivor certificate (is this akin to Succession certificate?).
Also, do we need to do all the legal activities in Karnataka or UP?
rgds
Devajyoti Barman
(Expert) 26 July 2010
The grant of probate can fulfill your requirement.
niranjan
(Expert) 26 July 2010
Where the property is situated.
Querist :
Anonymous
(Querist) 27 July 2010
Property is in Uttar Pradesh (residential house).
May I request an expert to provide me a step by step direction which needs to be followed for a WILLED property where the death certificate is of karnataka and the property is in Uttar Pradesh.
Where I should go for probate? In Karrnataka court or the UP Court?
Plz help.
rgds
Chanchal Nag Chowdhury
(Expert) 29 July 2010
A will is the dispensation of property after the death of the testator. Therefore the Will must contain all properties & assets. There cannot be multiple Wills of a testator.
Now the question arises as to what other properties & assets your father has left behind.
If it is only the property in UP, U will have to apply for grant of probate in UP, otherwise if there are other properties & assets elsewhere, U may apply there & obtain the probate from say, Karnataka which shall include the property in UP.
Querist :
Anonymous
(Querist) 29 July 2010
Thanks a ton everyone for contributing. Now if I understand correctly, I will sum it up as-
Since my father had a property in UP and he has willed it on my name and my brother's name, we need to do the following to get it on our name.
1. Get a probate on the WILL after getting the NOC (affidavit) from my mother and sister.
2. Since the property is in UP, the grant of Probate should be in UP irrespective of the death certificate which attests that the death happened in Karnataka.
3. Once the probate is granted, based on the probate, get the name changed on the sales deed of the propoerty.
May I request an expert to validate my understanding? Also, if the process is right, what forms etc I need to get to start the processing?
regards,
Querist :
Anonymous
(Querist) 03 August 2010
Anyone interested in validating my understanding?
rgds
ravi
