Regarding Registry

Please indicate the property is in which State?

The said house is under jurisdiction of which authority say; MC or say Some Co-OP housing Society?

Is there any provision for nomination in rules of the authority?

If yes; Is anyone nominated in the records of authority also?

Which personal law applies in your case say; Hindu?

What is the nature of said property in the hands of deceased testator; self earned/acquired, ancestral?

Is this WILL registered and/or have you checked if the WILL is valid?

Is IT a joint WILL?

Who was title holder of the said property; Father or Mother or both were jointly owner of the said property?

Who died 1st; Father or Mother?

Who has signed the WILL; Father or Mother or jointly?

Confirm!

In case of Hindu male that has died ; The 1st right for equal share in his estate/property is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  
 

Approach O/O Authority; Tehsildar, for legal heir certificate(s).

Obtain death certificate(s).

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

It is not mandatory to probate the WILL in other areas!

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if a valid 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 valid WILL death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority may ask to submit NOC from legal heirs (other than beneficiary) and/or ask to release Advt. in newspapers asking for objections if any and/or write to legal heirs asking to submit objections if any in a set time.

If there are NO objections by legal heirs/persons having stake in bequeathed estate, the authority shall relate with provisions of personal law that applies and update ownership per valid WILL in mutation records.

If the WILL is contested by legal heir(s) or anyone else that has stake in bequeathed estate, …………..IT …………..lands up in probate court of pecuniary jurisdiction and court shall decide the matter.

Registered WILL is usually not st aside atleast on the counts of authenticity.

Any WILL can be contetsed.

If contested the court shall decide the matter.

Another Prespective;

If you wish and even if NO dispute/challenge..

If you i.e. beneficiary(ies) wish and even if dispute/challenge occurs…..

you can strike an amicable settlement  register the amicable family settlement including the WILL in IT, thus leaving NO scope for future litigation.

It is entirely your personal decision.