Legal Question in Real Estate Law in India

Hello my name is Rajesh and i am currently residing in ahmedabad city, i wanted to transfer my grandma's (Mother's mom) to my name. She had already prepared an WILL before her death. My mom has passed away before her and she don't have any siblings and i have an elder sister and she's married. It is mention in the will that my grandma is willing to name her entire property to me only.

Please suggest me a solution for this.

Thanks

Rajesh


Asked on 10/01/15, 5:49 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Dear Client

The contents of the Will are required to be seen. Whether under the WILL you are bequeathed with any Property of your grand mother or not. There must be bequest under the WILL and not mere expression of intention to bequest.

If your Grandmother has alerady made a bequest in your name under the WILL, then based on that you can get your name mutated in the Property Card Register / Village Form No. 6, 7/12 and other government offices. Since there are no other heirs of your grandmother, the would not ask for probate of the WILL.

However, if there is no bequest under the WILL, then you will have to go for Succession Certificate from the Court, where your sister need to give consent.

This shall not be construe as an official legal advise. Please contact me with the WILL, based on which i shall be able to provide you official course of action.

I am also based in Ahmedabad. You can contact me, by scheduling a prior appointment.

Regards

Vivek N Mapara

vnmlaws.com

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Answered on 10/01/15, 9:27 pm


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