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Rahul (Analyst)     08 December 2009

procedure and rules for property with will

My grandfather did a registered will in 1995 , with my father and uncle getting there share.
As stated in the will, my father‘s share contains a residential house and a commercial godown (warehouse).
The Residential house was build in 1985 on a plot, after demolishing the old house. The plot may have purchased in 1970’s by my grandfather.
 The warehouse was purchased in 1990’s .
The residential house and warehouse transactions was done by my grandfather  , who later handed to my father by the way of Will
My father passed away without a Will? I have one sister, who is married.
1. What is the procedure to get the house and warehouse on my name?  My sister is not willing in the property share.
2. There are two bank account in my father’s name? What is the procedure to close this account by withdrawing the money?
3. After the formality , if the property is transfer on my name and I wish to sell the property (residential and  commercial warehouse)  before 3 year , will it be short term /long term capital gain tax ?
 



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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 December 2009

 Your sister can execute a relinquish deed in your favour.  For withdrawing money from the bank account, you'll have to obtain succession certificate in your favour from the court. 

Rahul (Analyst)     10 December 2009

How much aprox it will cost to prepare  relinquish deed  and succession certificate  ? How muc time will it take to prepare both document

Anil Agrawal (Retired)     11 December 2009

 Time? Uncertain.

Cost: Depends on value of property.


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