Registered will succession

Querist : Anonymous (Querist) 14 February 2024 This query is : Resolved
Sir my mother's sister died recently, before her death, she wrote a will and registered in local registered office in Andhra Pradesh, but I got only original registered will and the original link document is not available, where she got that property from her husband, who died in 2009 and the pair doesn’t have any children.
As the pair doesn’t have any children getting legal heir certificate possibilities are less and how can I take succession of that house. In EC still her husband’s name is showing and how can I change it to my name. Can I sell this property with this original will?

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Quick Summary

If you are named as a beneficiary in a registered will left by your maternal aunt in Andhra Pradesh, you can claim the property. You will need to obtain your aunt's death certificate and a copy of the registered will from the Sub-Registrar's office. Since you are not a direct legal heir, you will likely need to get the will probated by a competent court. Once probate is granted, you can use it to transfer the property into your name and subsequently sell it.

kavksatyanarayana (Expert) 14 February 2024
You shall obtain the death certificate and legal heir certificate of your aunty(mother's sister). By enclosing a copy of the death certificate, you obtain a copy of the will from the Sub Registrar concerned and if you are a beneficiary you can claim your share.

T. Kalaiselvan, Advocate (Expert) 15 February 2024
You are not the class I legal heir of your deceased maternal aunt, neither you are coming under the category of class II legal heirs too.
Therefore, if you are the named beneficiary in the will, then you can get the Will probated so that you can get the bequeathed property transferred to your name on the basis of the probate granted by court.

Advocate Bhartesh goyal (Expert) 15 February 2024
Since you are beneficiary of will so get probate certificate from competent court and on basis of probate you can get transferred the property in your name.

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