Transfer of property with a will

It is believed that deceased was Hindu.

Confirm!

 

This is matter of Testate Succession.

The procedure/process/forms etc might be available on website of authority under whose jurisdiction property falls say:MC....................and are available in office.

Certified copy of WILL, death certificate,legal heir certificate/ affidavit are basic requirements.

The authority may ask for NOC from all legal heirs to be attached and/OR advt in newspapers to be released OR it may have its internal procedure to write to all legal heirs to submit objection if any within set time.

 

If WILL is not contested authority may act upon WILL (without any cloud on it) and transfer the property in the name of beneficiary.

If WILL is  contested it shall land up in probate court of pecuniary jurisdiction.

 

 

 

It is mandatory to probate the WILL at presidential towns: Mumbai,Chennai, Kolkota.

It is not mandatory to probate at Gurgaon/Haryana.

 

Yes pls..He was a Hindu

Approach O/o Authority & submit under proper acknowledgment.

In case of difficulty approach with case file a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters.

The deceased was a resident of Delhi and had brought properties in Gurgaon, Haryana

He is succeded by his wife and 2 children who are 5 and 3 years respectively along with his parents who stay with his wife and children only.

He has 3 properties. None of them are registered till now. The ownership is the following structure-

Property 1-Wife and Deceased are co owners

Property 2-Father& Deceased are co owners

Property 3- Deceased alone is the owner

What is the process and procedure in the above circumstances.

If all properties/share are bequeathed by a WILL procedure and process is same; Testate Succession, as already posted.

 

The only problem is that in cases of property, you know how people in India move. You would end having unnecessary relatives and unnecessary legal complications. Want to help them with the correct course without landing them into problem.

In case a property/share is not bequeathed by WILL then it is simple matter of inheritance (Intestate Succession).

Death certificate, legal heir certificate/ affidavit are basic requirements.

The property shall equally devolve upon ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…. 

The pocedure/process etc in both cases has already been explained to you.

Visit website/office of authroity.

In majority of the states the process has been digitalised and monitred.

It is also under purview of RTI.

If there is NO dispute amongst legal heirs the NOC might be signed by them and submitted to O/o Authority.

Firstly, she has to get it probate so that it's genuineness cannot be disputed in future to avoid any further disputes as to its validity. Then she has to go to the nearest registration office which is covering the jurisdiction along with the Death certificate of her decreased husband and legal heir certificates and probated will. If no contesting parties are there, she can get it transferred in her name

Firstly, she has to get it probate so that it's genuineness cannot be disputed in future to avoid any further disputes as to its validity. Then she has to go to the nearest registration office which is covering the jurisdiction along with the Death certificate of her decreased husband and legal heir certificates and probated will. If no contesting parties are there, she can get it transferred in her name