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Ownership transfer based on registered will


16-Jan-2023 (In Property Law)
My father left a registered will with clear instructions on succession of various assets. Am trying to understand applicability of probating the will/legal heir certificate/succession certificate for diff assets. Pls. advise, what is required for (Hindu law is applicable) : 1.Transfer of car registration to mother's name 2.In future if we have to sell the flat (co-owned by my mother) 3.Liquidating other investments like mutual funds, bank accounts etc, where nominees are clearly mentioned (either my mother and/or sister)
Answers (2)

Answer #1
688 votes
In testamentary cases, you need to get succession certificate, in case of transfer of movable property of deceased. You may also pursue the authorities by showing your will and without taking SC, if they accept your will. you can also solve your problem by executing RD in favor of one LH. But obtaining probate and succession from court is expensive and you have to bear stamp duty.
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Answer #2
531 votes
Hi,
Since your father had left a registered Will you need to get the probate for the same. Succession Certificate is required if a person died intestate. In addition you may apply for the legal hier certificate before the concerned sub registrar.
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