Property by gift deed

It is believed that are all Hindu.

Confirm!

Since WILL exists it has to see the light of day and presented to act upon it, without any cloud on it. 

The procedure to act upon the WILL needs to be completed to transfer the ownership as per WILL.

The property in the hands of father was self earned/acquired, or ancestral. From whom it came to his hands?

If it was self acquired he had the right to dispose entire property by a valid WILL.

Obtain legal heir certificate, death certificate of father.

Obtain mutation record with link docs of all properties (mentioned in WILL) as on date and show these to a very able local senior counsel of unshakable repute and integrity, at your location, specializing in revenue/property/civil matters and obtain proper legal opinion.

It is mandatory to probate the WILL at presidential towns: Mumbai,Kolkota, Chennai.   At other locations it is not.  

Apparently It is simple case of testate succession, if you have posted the facts and have not concealed complications/disputes, if any in this matter.
 

The procedure for such cases ( testate Succession) is usually kept on website also by the authority under whose jurisdiction property falls……………e.g; MC.

Otherwise the prescribed forms by the authority, for such cases desribe the requisite docs, and procedure. Usually certified copy of WILL, death certificate, legal heir certificate are required.

The authority may ask for NOC from legal heirs other than beneficiary, ask to release newspaper advt, and/or write to legal heirs asking for NOC in set time. In case on NO objections the property may transferred in the name(s) of beneficiary(ies). If there is harmony amongst legal heirs the WILL   may not be contested.  

And in such case the authority can transfer the property in the name of beneficiary.

Once the WILL is acted upn in the favor of beneficiary without any cloud on it, the benficiary becomes the owner. 

If the WILL is contested it may land up in probate court of pecuniary jurisdiction. If contetsed the probbate is granted in favor benficiary, the benficiary becomes the owner.

Once declared owner the beneficiary can act like an owner and dispose the property like owner in anyone’s favor by a valid/registered deed .g; Gift Deed.

Gift deed is without any consideration and for immovable property is to registered. Once the gift is made by donee and accepted by donor it confers the ownership with immediate effect.

Any WILL, Gift deed can be contetsed.

You may discuss in person with a very able senior and local counsel of unshakable repute and integrity specializing in succession/civil matters and understand the options, strategy, remedy and merits.

 

1.  The Agricultural Land in India stands in name of Uncle (who is entitled to Sell).  BUT presently it does not stand in name of Son of Uncle. Son is entitled to Sell, ONLY after Uncles Land is transferred in name of Son of Uncle, based on Uncles Will document.

2.  Obtain Power of Attorney of Son of Uncle and complete various documentary procedures of India, before you become entitled to Sell /Transfer or whatever.  OF COURSE, there are other perverted ways to Sell /Transfer  the property, subject to various parameters.

Keep Smiling .... Hemant Agarwal
VISIT:  https://www.maharashtra-society-help-forum.com

Proceed further preferably under expert advise of your very able counsel.