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Query re transfer of property as per will Query re transfer of property as per will

1 year ago

My father passed away recently and has left a registered will naming his legal heirs, me and my sister as we have no other siblings and that his house should be given to us. When we went to the authorities, they have given us a checklist which also states affidavits by witnesses. One of the witness is available but other witness is very old and has moved to the states.how do we get affidavit from him. My other question is I live overseas, what authority can I give my sister to act on my behalf to get all this done. Me and my sister are very amicable so there are no trust issues. Please guide. Thanks

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

You can get affidavit of other witness who is residing Abroad and get it notarized there. Secondly you may execute special power of attorney in favor of your sister to done the work on your behalf.
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Anik

Responded 1 year ago

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A.Dear client the will is relevant and valid even if one of the two witnesses dies or not available. The genuinity of the will can only be ascertained by the court, but you can file for probate of will, even if the witness to the will has died.

Further you can create power of attorney agreement with your sister in order to work on your behalf
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