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Can a Legal Will Document Converted Into House Registry
11-Jul-2023 (In Documentation Law)
There is a hindu family. The father lives in a house along with his three sons( all 3 married and having children). the house is three storied and currently owned by the father himself. the father has now got a legal will stating that after he passes away(god bless him with long life) this house will be in the name of his 3 sons, each having 1/3rd share. Can this legal will document be used to have 3 individual registries of each floor , after he is no more( god forbids)
after the death of the will maker the will shall have to be probated by the court and after that you should get the share in the deceased`s property that you have to register on your own for further transactions.
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Adv. Roshan Kumar Singh
Delhi | 100+ Answers
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No. Once the will comes into effect, the executor will have to obtain probate from court under the Indian Succession Act. Post obtaining the probate the property (movable and immovable) will be divided and thereafter the process of registration can be carried out.
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Adv. Srishti Saxena
Delhi | 100+ Answers
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Dear Client,
When a person dies leaving a Will, his executors are required to administer the property as per his wishes set out in the Will, provided the same are not contrary to law,but in your case , once the beneficiaries and their shares, rights and liabilities are decided, the property has to be transferred in their names. For this you need to apply for property transfer at the sub-registrar’s office. “In most of the cases (documents needed are) Will; or Will with probate or succession certificate but separate registries are not possible. For further advise in detail please feel free to contact.
When a person dies leaving a Will, his executors are required to administer the property as per his wishes set out in the Will, provided the same are not contrary to law,but in your case , once the beneficiaries and their shares, rights and liabilities are decided, the property has to be transferred in their names. For this you need to apply for property transfer at the sub-registrar’s office. “In most of the cases (documents needed are) Will; or Will with probate or succession certificate but separate registries are not possible. For further advise in detail please feel free to contact.
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Adv. Amit Latawa
Delhi | 25+ Answers
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