Will execution
Babu
(Querist) 05 July 2013
This query is : Resolved
My uncle wrote a will favoring me and properly registered, as per will his offering his agricultural land to me after his death,now his passed away 2 month back, now tel me what i need to get his land ownership.
Thanks,
Raj Kumar Makkad
(Expert) 05 July 2013
It shall be good for you to engage a local lawyer dealing in civil side and file a petition seeking probate of the will and thereafter go to revenue officer and get the ownership changed in you r name.
Babu
(Querist) 05 July 2013
thank you sir, what is probate and the procedure in it? pls explain, how long it will take to get the order from court
Raj Kumar Makkad
(Expert) 05 July 2013
Probate means copy of the will certified under the seal of a court of a competent jurisdiction. Probate of a will when granted establishes the Will from the death of the testator and renders valid all intermediate acts of the executor as such. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. Probate can be granted only to the executor appointed by the will.
The application for probate shall be signed and verified by the executor or beneficiary. The petitioner shall furnish a blank stamp paper of value equal to the requisite court fee, along with the application. The court shall grant the probate on the said stamp paper. After receipt of the petition, the court issues notice to the next of kin of the deceased to file their objections, if any, to the grant of probate. A general public notice is also given in a newspaper. The petitioner is thereafter asked to establish the (a) Proof of death of the testator; (b) Proof that the will has been validly executed by the testator (c) Will is the last will and testament of the deceased PROOF OF DEATH Proof of death is usually shown by submission of original death certificate.
On the satisfaction that the will in question has been validly executed the court will grant probate to the executor named in the will.
Adv Archana Deshmukh
(Expert) 05 July 2013
Probate is not required everywhere. If your place comes in the selected cities where probate is mandatory then only go for probate as it requires a huge court fee. Otherwise in other places it is not required at all and the property can be straightway mutated in the name of the beneficiary. Consult a local lawyer.
Raj Kumar Makkad
(Expert) 05 July 2013
It is true that the probate is not mandatory for all places in India. Mention the place wherein such property is situated then we can also confirm.
Babu
(Querist) 05 July 2013
thanks sir, will wrote by my uncle, my father's brother, who has no children and his his wife passed away 10 years before, as you said 'notice serve to his kin of the deceased', in this case who and all receive the notice, note: my father too passed away and i have two sisters and two brothers, but my uncle wrote a will for only favoring me, please advice,
Babu
(Querist) 05 July 2013
the property situated in tamilnadu, thiruvannamalai district, vandavasi taluk, in small village, comes under panchayat union, pin code 604505, agricultural land,
Raj Kumar Makkad
(Expert) 05 July 2013
You need not get the will probated. direcly contact the village head (Revenue officer) and submit the death certificate of your uncle and the copy of the will and the prescribed fee and get the copy of mutation duly entered and sanctioned by Tehsildar.
Adv Archana Deshmukh
(Expert) 05 July 2013
Even if the will is in your favor the notice will go to all in case of probate proceedings. But why are you willing to go for it without ascertaining whether it is required or not? Do you love to pay a big court fee in case even if you are not required?
Babu
(Querist) 05 July 2013
Madam, i send the message before received your 1st reply,otherwise why should i waste my money,
now i understand, thank you very much Mr.Rajkumar sir, and Archana madam,
Babu
(Querist) 07 June 2016
Dear Sir/Madam, as per your instruction we consult with local lawyer , and filled for will execution at madras high court, now time for pay the 3% stamp duty, it will comes around Rs.10,25,000/-, lawyer saying that we need to buy court fee stamp for the above said amount, stamp highest denomination will be Rs.5000/-, so we need to buy around 210 stamp papers, is it so or is there any option available for pay the duty amount, please advice,
