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Subramanian.V (NA)     28 August 2017

Will for apartment

Me and my wife own an apartment in Chennai purchased on our own & not a inherited property..  We have wirtten an unregistered Will for the same in favour of our two children.

My queries are:

1. What is procedure for my children to own/change the apartment to their name after our time?

2. Will a Legal Heir certificate be required even if we give a declaration now that these children are the only Legal Heir of both of us?

3. Any legal method like Settlement deed in their favour with provision that the property would go to them after both of us pass away to avoid getting Legal Heir certificate as I find it is a big hassle (takes few months & money)?


 3 Replies

Kasyap Ivaturi   29 August 2017

If your children are majors, you may transfer the same. If you don't want to transfer during your lifetime, they can mutually probate the WILL later.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 August 2017

Under the Indian Succession Act, a probate can be granted only to the executor appointed under the will. A probate is essential if the will is for immovable assets in multiple states.No need legal heir certificate etc. later. 

GANDHI MOHAN BHARATI (Pensioner)     29 August 2017

Probate in High Court is a necessity as the prperty is in a metro city like Chennai. No need for Legal Heir Certificate. Howevever, the High Court may need it to issue notices to all legal heirs regarding application for probate calling for objections, if any. Best thing would be to gift it to thwm while alive.

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