Transfer ownership of property of deceased petson

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 Civil 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 (District 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/her Will. Once the property is distributed amongst the beneficiaries, they become the owner of their share in the property post-registration of their share in property with the jurisdictional Sub-Registrar and can apply to the concerned Municpal Authority and the Land Revenue Authority for mutation of their names in the records. So, until and unless a Will is probated, the beneficiary cannot get their share as stated by the deceased testator in the Will. Hence, it is advisable to consult with an experienced Advocate for tailored advice and steps to navigate the issues in the right way.

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 Civil 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 (District 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/her Will. Once the property is distributed amongst the beneficiaries, they become the owner of their share in the property post-registration of their share in property with the jurisdictional Sub-Registrar and can apply to the concerned Municpal Authority and the Land Revenue Authority for mutation of their names in the records. So, until and unless a Will is probated, the beneficiary cannot get their share as stated by the deceased testator in the Will. Hence, it is advisable to consult with an experienced Advocate for tailored advice and steps to navigate the issues in the right way.