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Transfer of ownership snd membership what is the legal procedure when


15-Aug-2026 (In Property Law)
There is WILL with 4 beneficaries including me who live in late morgers flat. 3 others are out of India and untraceable.to get their detsils.only I am available to do ownership transfer.i have 25% of mother's share through WILL. How to claim ownership through me or 4 persons. We want ownership chip either in one name or in all names.in probate obtained Only one beneficary is mentioned. In WILL 4 people are mentioned.please advise how to legally transfer ownership either in all names. Pl advis
Answers (2)

Answer #1
795 votes
Yes, I can help. Since the Will names 4 beneficiaries, ownership should ordinarily be transferred according to their respective shares. Probate in your name does not make you the sole owner. You can apply for transmission in all four names with the Will, probate and property documents; if the other beneficiaries are untraceable, appropriate court proceedings/notice process may be required. For sole ownership, you would need legally valid transfer/relinquishment from the other beneficiaries.
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Advocate Riddhi Pratap Bothara

Adv. Riddhi Pratap Bothara

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Answer #2
797 votes
If the Will clearly names all four beneficiaries, the fact that only one beneficiary is mentioned in the probate order may require examination of the probate petition and the order. If the other beneficiaries were omitted from the probate proceedings, a court application may be necessary to correct/clarify the probate order rather than simply transferring the flat in your name.
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Advocate Areeb Ansari

Adv. Areeb Ansari

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