Legal Question in Real Estate Law in India
A leasehold property holder in delhi (with (a) wife, (b) 2 living daughters and (c) 1 post-deceased son and (d) 1 pre-deceased daughter) passed away in 2004, leaving behind an unregistered will which bequeaths the property as follows
deducs a fixed amount for (a) and
then divides the rest in the following ratio:
to the two sons of (c) - 50%
to (b) - 50%.
And (d) has not inherited anything as per this will.
My question is-
(1) does this will definitely require probate and if so who should apply for probate of will, as no executor has been named.
(2) what does it mean exactly when a will is probated in someone's name - is that they become the executor of the contents of the will? Or that they will inherit the entire property?
(3) can freehold be done easily in the names of (a), (b) and the two sons of (c) once the will has been probated?
Many thanks
1 Answer from Attorneys
all the beneficiaries of the will should apply for probate together and after the probate granted the directions can be sought for getting property free hold.
Related Questions & Answers
-
Can co operative housing maintenance society can collect transfer fees Asked 4/19/11, 4:15 am in India Real Estate and Real Property
-
We r the children of a person.who had two wives.for first wife totally 10... Asked 4/18/11, 11:23 pm in India Real Estate and Real Property