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UNREGISTERED WILL EXECUTED AT HYDERABAD
28-May-2023 (In Property Law)
Unregistered Will executed abroad by the father bequeathing his self- acquired property to two daughters exclusively. The unregistered will has not been probated abroad. When the daughters want to sell the property because of unregistered will there are facing problems. They are other siblings also who has no objection. . one of the daughter died recently after the death of testator. How to sell the property or gift smoothly?
Here are some general considerations:
Consult a lawyer: Engage a lawyer who is experienced in wills and estates to guide you through the legal process. They can help you understand the applicable laws, determine the validity of the unregistered will, and advise you on the steps to take.
Determine the legal requirements: Research and understand the legal requirements for selling or gifting property in the jurisdiction where the property is located. Laws regarding wills, property transfers, and probate can differ, and compliance with these laws is crucial.
Probate process: Investigate whether the unregistered will needs to go through a probate process in the country where it was executed. Probate is the legal process of validating a will and distributing the assets of the deceased according to its instructions. A lawyer can guide you on whether probate is necessary and the steps involved.
Obtain necessary documentation: Gather all relevant documents, including the original will, the death certificate of the deceased daughter, and any other required legal documents. These documents may be necessary for the property transfer or sale.
Resolve any disputes: If there are other siblings involved who may have a claim to the property, it's essential to address any potential disputes. Consult with your lawyer to understand the legal rights of all parties involved and determine the best course of action.
Follow legal procedures for property transfer: Work with your lawyer to navigate the legal procedures for property transfer or sale. This may include complying with any registration requirements, obtaining clearances, and following the applicable laws and regulations.
Consult a lawyer: Engage a lawyer who is experienced in wills and estates to guide you through the legal process. They can help you understand the applicable laws, determine the validity of the unregistered will, and advise you on the steps to take.
Determine the legal requirements: Research and understand the legal requirements for selling or gifting property in the jurisdiction where the property is located. Laws regarding wills, property transfers, and probate can differ, and compliance with these laws is crucial.
Probate process: Investigate whether the unregistered will needs to go through a probate process in the country where it was executed. Probate is the legal process of validating a will and distributing the assets of the deceased according to its instructions. A lawyer can guide you on whether probate is necessary and the steps involved.
Obtain necessary documentation: Gather all relevant documents, including the original will, the death certificate of the deceased daughter, and any other required legal documents. These documents may be necessary for the property transfer or sale.
Resolve any disputes: If there are other siblings involved who may have a claim to the property, it's essential to address any potential disputes. Consult with your lawyer to understand the legal rights of all parties involved and determine the best course of action.
Follow legal procedures for property transfer: Work with your lawyer to navigate the legal procedures for property transfer or sale. This may include complying with any registration requirements, obtaining clearances, and following the applicable laws and regulations.
Helpful?
Adv. A Murali Mohan
Chittoor | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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