Registered will- hindu widow -hindu succession act

The title holder of the estate/property can dispose IT in his/her lifetime by a valid/registered deed say WILL, in anyone’s favor even stranger….

Registered WILL is not easily set aside at least on counts of authenticity.

The delay in acting upon the WILL arouses suspicion.

IT has been 26 years since the death of testator, and the WILL is not submitted to be acted upon!

 

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.  

 

So legal heirs have a right per applicable succession laws in accordance with applicable personal law.

One can determine the share of each legal heir accordingly and see how and how much gets vested in each legal heir.

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 NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority shall update share as per provisions of personal law that applies in mutation records.

 

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 WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask NC from legal heirs and/or ask for newspaper publication inviting objections and/or write to legal heirs to submit objection if any in a set time……… If there are NO objections/contest to WILL the authority may transfer the ownership per WILL to the beneficiaries………..

If there are objection the WILL lands up in probate court of pecuniary jurisdiction….

By the updated mutation records the beneficiary or legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner

 

You have surrounded your query with some other points hinting to delay nd beneficiary being third party as per your post.

The WILL is to be duly acted upon without any cloud on IT after death of testator, to pass the ownership of estate to beneficiaries (as in the valid WILL), as bequeathed in the valid WILL.

Simply said if the WILL is not duly acted upon without any cloud on IT, or probtae fails, it may be mere piece of paper, and once IT fails the succession may set in.

 

If there is NO dispute after the death of testator while the WILL is submitted to O/o Authority say; MC…..to be acted upon per process/procedure/provisions ……..the authority shall transfer the ownership to beneficiaries OR the WILL may land up in Probate Court of pecuniary jurisdiction and/or need for Succession Certificate may also be raised.

Inquire the process, procedure locally from O/o Authority under whose jurisdiction property falls and satisfy the O/O Authority with compliance to IT’s Rules.

It was purchased by her husband- delaying reason because she was explore to party at the time of death, after her death submitting application to revenue records and corporation documentation for name change - officer demanding their pedhi nama of widow or demanding probate of will require to change name in land extract & municipal records. So it was delayed. So how it was act of will. Is it compulsory to probate in all India or certain city ?

Property in GUJRAT-ahmedabad - property of owner is her husband expires - Hindu widow - no legal heirs - registered will to third-party - Want to change the name in land extract on basis of registered will Revenue dept demanding probate of will?

Respected sir,

It was clear WILL is registered in favour  of third party- who is not relative nor any relation.

how the will in act of property owned by third party favours

If pedhi nama is LOCAL terms is for legal  heir certificate then IT has alredy been posted that IT is required.....

IT is usually issued by O/o Tehsildar after inquiry by officials...

If you are unable to handle IT on your own then entrust the matter to  a very able senior LOCAL counsel of unshakable repute and itegrity specializiing in such/testamentary/succession/civil matters......and having a successful track record........

1) third party don't know relatives or legal heirs.

2) is probate is compulsory for Ahmedabad-gujrat ?

3)  is there any provison to get succesion certificate of property to get owenership  by Registered will by third party  ( in this case hindu widow & successor of will has no relation - dont know his relative )

i have different kind of matter in this case - all the acts are following the legla heirs of testor but in this case third party is wants to  take his benficiary under Registered will.

 i been read - indian succesion act, hindu succesion act & hindu personal law but i didn't find any where  How to get transfered through Rgistered will or weather  title clearing process.

i think  process of title clear  from local news paper is last process from the court to prove commencement of will in interest of benificiary- as per will

pls suggest 

 

is there any clarity about it

Pedhi Nama

Pedhi Nama could be Descendant’s certificate/Legal Heir Certificte-affidavit…..in local terms.

Check locally. If it is the requirement of the authority then comply with it.

Your 1st post mentions NO legal heirs

Your last post mentions: third party don't know relatives or legal heirs

What is the fact?

WILL is to be submitted by Executor (seems there is none), o Beneficiary that is non-relative/Non legal heir as per your post.

So beneficiary is to comply with procedure.

Per se Probate is not mandatory in Gujarat.

Broadly the Testate Succession (Since WILL has surfaced) and requisite docs has already been mentioned in previous posts.

Rest you have to obtain the requisite forms/procedure of Testate Succession from O/o Authority under whose jurisdiction property falls and that has to act upon when WILL is submitted alongwith required docs.

Apparently the authority is reasonable and generous and probably satisfied with your explanation of delay (26years) and has considered that WILL is registered and is asking to comply with procedure and submit requisite forms/docs.

Complete the procedure or Probate may be the other recourse.

 

If you are unable to handle IT on your own then entrust the matter to  a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/testamentary/succession/civil matters......and having a successful track record........

 

Your counsel can advise you on said Pedhi Nama, and Probate,...

RTI to know the descendents/Legal heir is unheard of.

Anyone is free to throw light on it.

The list of legal heirs of Hindu male may be long; ClassI, if ClassI are not present then ClassII………………..agnates, cognates…

Prepectives seems to be; Either satisfy the authority by complying to procedures….

Or approach court to probate the Will and directions to authority.....

 

Check with your own counsels.