Succession certificate or probate
Rajesh
(Querist) 11 July 2013
This query is : Resolved
My father left unregistered will dated 27-4-2001 signed by him and both witnesses on each pages. In his will he mentioned "my wife will enjoy ownership membership rights of the flat during her lifetime after me and further have rights to devise and bequeath the shares, rights and title in the said flat as per her free will". Now she wants me to give some amount to my brother and little amount to my 3 sisters also. and she wants to gift this flat to me. If any of sister does not accept this offer then also can my mother gift flat to me? Is succession certificate or probate is needed for gifting the flat? My mother is blind so how can she proceed in this case? My father died in Feb 2011. I am staying with my mother now and also was with my father till his last breath.
Dr. Jyothi Vishwanath
(Expert) 11 July 2013
Actually probate is not required as mother is given full freedom to decide the future of the flat by the father. So she can proceed with making a gift deed in your favor.
prabhakar singh
(Expert) 11 July 2013
For authentication of will a probate(if executor(s) are appointed in the will)or Letter of Administration would be a better course to adopt because i am of the view that may come as hurdle in my way in future must be met as my path today.
prabhakar singh
(Expert) 11 July 2013
Why to meet a case tomorrow that there was no will and the one shown is forged or fabricated or sham?
Raj Kumar Makkad
(Expert) 11 July 2013
Though probate is mandatory for some of theh metropolitan cities but it shall be better to get it done.
