Legal Question in Wills and Trusts in India

procedure after a person died executing a will

My Uncle expired 2 months ego. He is having 2 daughters. Younger daughter is staying at Karnataka and Elder one here in Hyderabad, andhra pradesh. My Uncle executed will .

My uncle is having one open Plot and one house. His will says to give open plot to younger daughter and the house should be shared by both the daughters.

Now the daughters want to take the property as it was said by my uncle. i.e. plot by younger daughter and building should be shared by both the daughters.

suggest me what are the required documents and procedure to transfer the title of my uncle to their daughters.

Documents Available:

1. Death Certificate

2. Sale Deeds of Plot and Building.

3. will


Asked on 8/04/08, 12:44 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: procedure after a person died executing a will

You may contact a local lawyer and file a probate petition under the Indian Succession Act.

If there are no obstructions then its a procedure of about 1 year.

In case of need please contact personally alongwith the details.

Professional charges are applicable.

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Answered on 8/05/08, 12:46 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: procedure after a person died executing a will

obtain a probate by contacting a local lawyer.

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Answered on 8/05/08, 8:19 am
Manish Dhingra Legal

Re: procedure after a person died executing a will

You got to get the probate done for the will.

File a probate petition under Indian Succession Act with the help of the lawyer. It will take at least 6-9 months in a simple probate case when there are no obstructionists.

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Answered on 8/04/08, 2:41 pm


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