How to sell property recieved in will

Will is not an easy process, after the death of your mother you have to get a probate from the competent court in your favour impleading the rest of your siblings as parties in the said case. If they have any objection they will raise their objections but if they don't then they will give you an NOC you have to pay 4% on the stamp duty on the order of the probate the competent court is district judge of the concerned area.
any civil lawyer can handle this problem this this is a very simple and common problem

can you please let me know an easy and cheap process to get the property in my name now or later.

will it be easier if she gifts me the property ?

thanks

Which personal law applies in your case?

Or are you all Hindu?

Confirm!

 

Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).

The title holder (male/female) can dispose the estate/property by a valid WILL.

The WILL is legal document and is to be as per provisions of personal law, laws that applies.

It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in other area. It is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

If other legal heirs sign for NOC in case of WILL then authority under whose jurisdiction property falls may transfer the property in the name of beneficiary (you as per your query).

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records. Thereafter the beneficiary ( you as per your query) can sell.

Thereafter obtain copy of updated mutation records.

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

Check locally and comply with procedure.

Since WILL operated after death of testator (your mother as per your query) and probate may be required as explained above, she may also consider other perspectives e.g; settlement deed with life rights, if she agrees.

which option is better and hassle free ? creating will or a gift deed ?

is power of attorney servers the same purpose as will or gift deed ?