Upgrad LLM

will and probate done overseas


I received a property (In India) by will (done overseas), and probate was done overseas as well. I live in USA. Now i plan to sell this property, do I need to do any other legal formality in India to sell this property. property was transferred to my name by society.
 
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LEGAL

If the property is already transferred in your name you are free to do anything with it...

 
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I consulted few lawyers over phone and I was told that I need to do probate in India again, can experts please suggest / give details. 

 
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LEGAL

For the immovable ssests the probation of will is ncessary .though you have already probated it outside India,you need as a requierment to probate in India too. It is to follow the  procedure to keep everything in order. It is advised to probate the will in India  too..

 
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thanks for your reply , when you say 'you need as a requierment to probate in India too' , is it mandatory or optional ? what is legal implication of not doing that ? 

 

 
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LEGAL

depends on  the assets of the individual;

 e.g. a house, bank account, life insurance policy. ... A grant is necessary in order to transfer the property into a beneficiary's name or sell the property.

 
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you need to probate will in india
 
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when property is already in my name, Co-operative society has already transferred it on my name and gave me share certificate in my name.  then why this probate required in India ?

 

 
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