Gift deed from mother to son

Dear Client,
In the case of testamentary succession, the first step in transferring a property to a beneficiary as per a Will is to either get the will probated or get letters of administration (LOA) from the Court having jurisdiction over the property left by the deceased owner. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries and conclusive proof that the will was executed validly and is the deceased’s last Will. The executor of the will is required to file a petition and the original will to the competent Civil Court having territorial and pecuniary jurisdiction over the suit property for a grant of probate. Probate or LOA can be granted only to the executor of the Will. In the petition, the executor has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. The executor will have to pay the applicable court fees depending on the value of the property/assets. The court asks the petitioner to establish the testator’s proof of death, proof that the testator’s will has been validly executed, and confirm that this is the deceased's last will. Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public. If there are no objections, then the Court grants the Probate/LOA to the executor who distributes the property to the beneficiaries as per the wishes expressed by the deceased owner in his Will. Once the property is distributed amongst the beneficiaries, they become the owner of their share in the property; it becomes a self-acquired property of the beneficiary, which gives him or her an unfettered right to deal or dispose of his or her share to anybody, and that does not require the consent of other beneficiaries. So, until and unless a Will is probated, the beneficiary cannot get their share as stated by the deceased testator in the Will, and the beneficiary cannot distribute the share in the property executing a gift deed. Hence, it is advisable to consult with an experienced Advocate for tailored advice and steps to navigate the issues in the right way.