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.


Asked on 2/26/13, 9:50 pm

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

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])

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Answered on 2/27/13, 6:06 am
Jayesh Desai Jayesh Desai

Without a Probate, C has no claim. C must obtain Probate to transfer the same to his legal heirs.

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Answered on 3/02/13, 8:39 pm


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