Can I cliam ancestral property transfer using registered will
10-Feb-2023 (In Property Law)
My grand father executed a registered will in 1995 in which he specified a portion of the property to be given to my father. Grand Father expired in 1999. My Grandfather had 5 sons (my father being the 3rd) - the will clearly mentions what each son will get. Thereafter, my father didnot transfer the property to his name / pay any tax etc. My father expired in 2007. I am the only child to my father. How do I get the property transferred to my name? I only have a copy of the registered will and no other documents to the property. We are not in talking terms with my father's brothers.
On the death of the testator who made the will, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will. If there are no objections, the court will grant probate .A probate is a copy of a Will, certified by the court. A probate is to be treated as conclusive evidence of the genuineness of a Will. In case any objections are raised by any of the heirs, a citation has to be served, calling upon them to consent. This has to be displayed prominently in the court. Thereafter, if no objection is received, the probate will be granted and It is only after that Will comes into effect. in your case the court can summon your father's brothers and once the will is executed and the property is divided u can get the same transferred under your name. You will also need a legal heir certificate from the SDM's office to complete the formality.
the process is not complicate, yet i suggest you take the assistance of a local lawyer to complete the formalities, as you would need affidavits from all the legal Heirs.
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