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Transfer of property in will case after death - haryana


17-Jan-2025 (In Property Law)
We have a residential plot with 4 owners. My father(25%) , myself (25%), my wife(25%) and my brother(25%). My father has passed away leaving a will, giving his share of plot ownership to my brother. Now I wish to buy/transfer my brother's total share (50%) via gift or sale deed. My question is: 1. Do I need to first transfer the my father's share to my brother using will in government records? 2. Or Sale deed/ Gift deed can be executed directly on the basis of will? Pls guide
Answers (5)

Answer #1
535 votes
Hello Sir/mam There are various legal remedies to deal with it .. Rest depends on the matter. You can contact me over phone call for further assistance or advice. Thank you Regards Advocate Kuber Hooda
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Answer #2
947 votes
The law in regards to WILL differ from state to state. It is always better to speak to a legal advisor/ lawyer in person to get your queries resolved. However in Haryana there is no provision of WILL probate and the process of transferring a property as per WILL is comparatively simpler.
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Answer #3
523 votes
Sale deed/transfer deed can be executed directly only if your brother is sole owner of 50% share in the revenue record as your father has executed will of his share in favour of your brother then mutation must have been registered in favour of your brother against his share in the revenue record .
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Answer #4
761 votes
Hi! It depends on what kind of plot it is. Does it come under HUDA or MCG? The process is different for different types. Feel free to connect with us for further discussion as we would not be able to suggest without knowing the details.
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Answer #5
753 votes
No need to proceed for gift or sale deed just go with the transfer deed. This can be done on the basis of will but this will has to probate or a legal heir certificate will be made to make this transfer easier
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