Legal Question in Wills and Trusts in India

A will contains bequest of a immovable property as well as a bequest of movable property i.e. securities, Fixed Deposits. bank balance etc. The procedure in vogue for transfer of immovable property to the beneficiaries in my state (Chandigarh UT) is to submit the original Will and death certificate of the executant of the Will, along with affidavits of attesting witnesses and No Objection affidavits from ignored heirs after which a notice to general public is published in two leading newspapers. All this was complied with and accordingly the bequest pertaining to the immovable property has been completed without any hitch. However banks and other securities people want a Probate of Will or letters of administration or succession cetificate to settle the monetary assets. Since Will stands proved and accepted by the Estate Office it may not be correct to apply for a probate for the entire Will since major part of the bequest stands completed. Can one apply for partial probate? What is letters of administration? Can letters of administration be applied for? Can succession certificate be applied for when there is a Will in existence? What should be done now? The Original Will is now in government files/records. Please advise.


Asked on 7/31/13, 11:09 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.08.2013

Dear Sir / Madam,

Since the transfer of title of the immoveable properties of the deceased has already been completed, you should take the simplest route to obtain the Succession Certificate from the local Court which is to be issued within 3 (three) months from the date of filing an attested copy of the Will in the Court. (Reply No. 1-August, 2013).

Regards,

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Answered on 8/01/13, 12:08 am


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