Legal Question in Wills and Trusts in India
I have a question with regards to property sucession. X- property owner, Y- property owners wife>>>>Both have passed away and had made a will in their lifetime. They had 3 childern - A(Elder Daughter), B(Middle son), C( youngest son).In their fullest senses had made a will to give the entire property to C(youngest son). Only the youngest son C has been staying in the property for the last 18 years - paying municiplaity tax,electricity bill, land tax etc.ofcourse the will is not registered but on a stamp paper with the signatures and witnesses.My question here is
1. Does C(youngest son) have complete and undisputed ownership of the property
2. Can A and B the other heirs claim a share
3. What Can C (youngest son) do to get the property in his name and transfer it to his legal heirs.
3 Answers from Attorneys
27.02.2013
Dear Sir / Madam,
(Bankual, Khorda, Orissa)
1. By virtue of a Probate from the Court, C has complete and undisputed ownership of the property.
2. If they have not been named as beneficiaries in the Will, they cannot claim a share.
3. As in reply (1) above, C has to obtain a Probate from the Court on the Will to transfer the property in C's name.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
Without a Probate, C has no claim. C must obtain Probate to transfer the same to his legal heirs.