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Sister Willed brother in laws property to my name after his demise


14-Apr-2023 (In Property Law)

There was a property in name of my brother in law. He died intestate. Nominee 1 was my sister and nominee 2 was my brother in law's sister. Now my sister made a Will with respect to that property in my name. But society is not changing the property to my name and is asking for succession certificate. I am in possession of property. What to do?

Answers (1)

Answer #1
477 votes

A will can only be executed after the death of the person who made the will. In your case where your sister made a will in respect of a property in your favor, you can only claim the property after the death of your sister. You cannot claim on that property before her death. On the death of your sister you can execute the will and get probate issued from the court. Once the will is executed, you can claim ownership on the property and get the title in your name. You need to submit the succession certificate issued by court for the property to be transferred in your name.

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