Will/ Probate/ Assent Deed/Partition Deed/ Proy Issue

716 votes

Yes, in India, an assent deed is usually required after probate, as it formally transfers ownership of the property from the deceased's estate to the designated beneficiary, legally completing the process. Probate is a legal process where a court confirms the validity of a will and appoints an executor to manage the deceased person's estate. an assent deed, in a conveyancing context, is the document that formally transfers ownership of property

Advocate Biswadev Chattopadhyay LawRato

530 votes

let's discuss the intricacies of an Assent Deed post-probate and your concerns regarding the executor's reluctance. Following the probate of a will, the Assent Deed serves as the formal transfer of property from the estate to the designated beneficiaries. It's a crucial document that confirms the executor has fulfilled their administrative duties, and the property now legally vests with the heirs. The procedure involves drafting the Assent Deed, detailing the probated will, the properties, and the beneficiaries. The executor must then execute this deed in the presence of witnesses. In many jurisdictions, registration of the Assent Deed is mandatory for public record and legal validity. Now, regarding your concerns about partition deeds, family settlement deeds, and property mutation: while partition and family settlement deeds can be executed after the property is vested in the beneficiaries, the Assent Deed is the necessary first step. Without it, property mutation becomes exceedingly difficult, as authorities often require this document to confirm the transfer. The executor's refusal to execute the Assent Deed is a significant issue. In such cases, we can file an application in the same court that granted the probate, seeking an order compelling the executor to fulfill their legal obligations. We will demonstrate to the court that the executor is failing to discharge their duties. The court holds the power to direct the executor to execute the Assent Deed. If they persist in their refusal, the court may appoint another individual, such as a court officer, to execute the deed on their behalf. In situations involving disputes or malfeasance, the High Court can exercise its supervisory jurisdiction to ensure fair distribution of property. We can file a writ petition in the High Court, seeking directions to the lower court or the executor to expedite the process and ensure compliance with the will. The court will intervene when there is evidence of undue delay, malice, breach of fiduciary duty, or attempts to withhold property from rightful heirs. To proceed effectively, gather all relevant documents, including the probated will and correspondence with the executor. I will advise you on the necessary legal actions and represent your interests to ensure a fair and timely distribution of the property.

Advocate Rehman Khan LawRato