Legal Question in Family Law in India
If there is will, still relinquishment deed required to be executed or without it, beneficiary of will gets it transferred in his name ?
2 Answers from Attorneys
Dear client beneficiary have to apply for probate of will in court. Once court order for probate property will get transfer in his name
Adv Prasad patil
9604349028
8446247807
Sir
If the property, that is bequeathed by WILL, is a self acquired property of the testator, then in such event, WILL operates from the day of death of the testator. If under the WILL, there is an executor appointed, then the day on which the executor grants accents to the bequest, then from that very day the beneficiary will be held to be owner of the property. However, if there is no executor of the WILL, then upon death, of testator, the estate get automatically transferred to the name of beneficiary. Probate of Will is required, if the will was executed or the property is situated in Mumbai, Calcutta, Chennai. For rest, probate of will is not mandatory, however, if there are objections to the WILL (i.e. other people challenges the correctness of WILL, then in that event, authorities would ask you to get the probate before enforcing it.
Please feel free to contact, should you have any query
Vivek N Mapara
vnmlaws.com