Legal Question in Wills and Trusts in India
Sir, My mother had owned a flat in chinchwad,Pune. She expired in the year 1998. She had left an "unregistered will" favouring me as the sole beneficiary. I have an elder brother and an elder sister who is married and divorcee. Our father expired in 1987, after which this flat has been purchased.
Well, when i had approached the property tax office for replacing mother's name by mine, i was instructed to produce a "Succession Certificate". This was inspite of me furnishing the Will in front of the official. The reason specified by the official was that --- since the Will is unregistered, it doesnt help in getting the records in my name. One more important thing to be informed to you is that the "Co-operative Society Shares" have been already transferred in my name on the basis of my mother "nominating me" for transfer of shares in my name.
Now my questions are:
(1) Is it true that i need to apply for "Succession Certificate" inspite of possessing the "Will and Testament" of my mother favouring me as the sole beneficiary ?
(2) Or, should i be probating the will ? Well, i dont know "What is probating"
(3) How much time will it take and what is the procedure?
Please reply in this regard at the earliest ---
1 Answer from Attorneys
One needs to study the will in original to comment on its validity. It is better to contact a local lawyer with the Will and then apply for property transfer. If the will is not valid, then you will be entitled to only 1/3rd share.
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