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Dev   16 August 2017

Property will

Dear Sir,

Our residential property where we are living currently is in the name of my father. Only his name is indicated in all papers. No nominations are there. So what will be the consequences after his natural death? If we want to make a will so what is the procedure and whose name would be appropriate for the next beneficiary, spouse or son? Is it necessary to prepare a will through lawyer or we can make it of our own and keep it registered.

Please suggest.



Learning

 7 Replies

Kumar Doab (FIN)     16 August 2017

It is believed that you are all Hindu.

What is this property; some Flat in some Co-Op housing Society?

It is in which state?

 

Confirm!
 

Kumar Doab (FIN)     16 August 2017


If WILL is your choice then register it preferably...  

Let the nomination of flat/shares also be in the name of beneficiary in WILL.
 

It is mandatory to probate the WILL in presidential towns of Mumbai, Chennai,Kolkota……….. It is not mandatory to probate at other locations…    The probate has its hazards, time frame; own expenses + lawyers fee..............other fee's
 

Kumar Doab (FIN)     16 August 2017

Any WILL can be contested on valid grounds…. In the WILL is contested it lands up in probate court of pecuniary jurisdiction…………and probate court shall decide……….. 

 

Your state might have rules for requirement of LOA, Succession Certificate and it may also have its own time frame; own expenses + lawyers fee..............other fee's
 

 

Kumar Doab (FIN)     16 August 2017

If WILL is not contested and there is NO dispute/differences amongst legal heirs then;    

it is simple matter of ‘Testate Succession’.   The process and procedure and forms might also be available on website of O/o Authority under whose property falls e.g; MC….Or it is certainly available in O/o Authority………… Generically speaking: The certified copy of WILL, death certificate, legal heir certificate are basic requisites…………….The O/o Authority may ask for NOC from all legal heirs (other than beneficiary) and/or release advt in newspapers asking for objections if any…………..and/or O/o Authority may write to all legal heirs (other than beneficiary) to lodge objections if any in set time………………… and in case NO objections are lodged authority may act upon the WILL and transfer ownership in the name of beneficiary(ies). 

 

Kumar Doab (FIN)     16 August 2017

The registered settlement deed by your father in your favor with life rights for your father during his life time can be a good perspective..................and with less hazards and safeguard to your interest................

Kumar Doab (FIN)     16 August 2017

Chose your options wisely...............after discussion with elders of the family, competent and experienced well wishers well versed with local rules/laws/bye laws and preferably a local counsel of unshakable repute and integrity  specializing in such/civil matters and well versed with local rules/laws/bye laws …………

 

Dev   16 August 2017

Dear Sir,

We are Hindu. And we are locating in Chhattisgarh state in Bhilai nagar. It is a personal bunglow under Nagar Nigam.


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