How to Transfer Property of Will after Death in India
Most people in India believe that if a person makes a will, all their property will automatically go to the person named in the will. Actually after the testator passes away, the will needs to be probated by filing a petition in the appropriate court. This is a legal process where the court checks the validity of the will. Once the probate is granted, the properties are transferred as the testator intended in the will.
How to probate a will.
Applying for probate means going through the process of obtaining a grant of probate, which is also known as probate after the death of the person who made the will, called the testator.
To probate a will, you need to file a petition for probate of will. This petition is also referred to as a testamentary petition. This petition can be filed in court, and it’s often handled by a probate lawyer, probate solicitor, or a wills and estates lawyer working for a probate law firm that offers probate services. After the testator passes away, it’s the responsibility of the executor of the estate to appoint a probate lawyer and start the process of probating the will.
Probate Process in India
In the probate court process, probate lawyers must show that the will was properly signed by the testator and that it is the final will of the deceased. Let’s understand the will probate process and the steps involved.
Petition for Probate of Will
The testamentary petition needs to be filed in the court that has the proper jurisdiction.
This means if the property has a high value, you might need to go to a higher court to get a grant of probate through a wills and probate lawyer or a probate law firm.
Probate Documents
In probate litigation, the court usually asks for proof of the testator’s death, but there are also key documents needed.
The following are the documents required in the probate process to transfer property in your name after death.
1. Death Certificate of the testator
2.AADHAR CARD of the testator
3. Original Will
4.AADHAR / Indentify Cards of all legal heirs
5.Documentary proof of the properties mentioned in the Will.
Issue of Notice after the Probate Petition is Filed.
Once the petition for probate of the will is received, the court issues a notice to the legal heirs of the deceased to file any objections.
If any legal heir has an objection, they can file it with the help of lawyers for will disputes. A probate litigation attorney can file the objection in court regarding the will. If the court is not satisfied, the testamentary petition may turn into a legal suit.Ans if the court gets satisfied the probate will be allowed in your favour.
In Some cases the legal heir don’t have objection so they file Noc and court allows the probate in the favour of Applicant.
Valuation of Property for Probate Purposes
The valuation of property for probate depends on the type of property claimed.
If it’s movable property, such as shares in a company, you need to get the value of the shares as of the date the application is filed. If it’s immovable property, like a flat or land, you need to get the market rate based on the current government valuation. For filing a petition for probate of a will, you can appoint an official professional valuer or a probate lawyer can handle the valuation.
