lovelyvirmani 13 June 2016

Probate of will

Hello,

I want to seek an advice in context to property transfer in CHS society in Delhi. My father was allotted a flat in 1990 under renowned CHS society. He later transferred the flat to my mother. I have all the papers (lease hold to free hold, conveyance deed, mutation, property tax, electricity bill) in my mother's name. Unfortunately she died in early this year. She have made a registered will in favor of me for the flat. I have no other brother or sister or any other legal heir.
Further mom and dad donot use to talk with each other and have parted ways from past 7 years. However they are not officially divorced.

I know paper wise everything is OK and I can go ahead to probate the will, however the share certificate is still in name of my father. What should be the way forward to pursue ahead.
Will there be any complications ahead due to share certificate. If yes how to mitigate it.
Pls support to share your valuable guidance.

Thanks.
Deepak

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5 Replies

(Guest)

Sir,

There are two ways to go about it. If you think there would be any objection from the side of your father reagarding the flat then the best way would be to get the will probated. In Delhi it is not necessary to get the registered will probated.

Other way would be to get the mutation done in your name on the basis of the will and then you can further transfer the share in your name on that basis.

After the flat was transferred the share also should have been transferred in your mother's name but rest assured there will no issue with regards to that.

Regards,

Rit Arora

7838737001

Delhi

lovelyvirmani 13 June 2016

Dear Rit,

Thanks for replying so soon. I wanted to get clarification on your statement.

If you think there would be any objection from the side of your father reagarding the flat then the best way would be to get the will probated. In Delhi it is not necessary to get the registered will probated.

Yes I think there could be undue objection from father. I got confused with contradictory statement you are saying that best way will be probate the will and then u also mentioned that registered will is not mandate to be probated. Kindly share some insight on this. Further even if we go for probate of will, is share certificate required? Also how eventually I can get my share certificate transferred in my name

Really appreciate your prompt response.

Thanks.

Deepak

(Guest)

sir,

What I meant was that it is not necessary to get the probate of will in Delhi. but if there is any objection to the will then you may file for probate.

Regards,
Rit Arora

lovelyvirmani 13 June 2016

Thanks for doing the noble work.

If we go for probate of will, is share certificate required? Also how eventually I can get share certificate transferred in my name

Really appreciate your prompt response.

Thanks.

Deepak

(Guest)

Sir,

No you wont require the share certificate for probate of will. Further you can get it trnasferred in your name on the basis of the will and other relevant documents.

Regards