Take these steps to secure property given by Will

To secure property distributed through a Last Will and Testament, several steps must be taken. Firstly, the original Will itself, along with proof of its proper execution, such as the signatures of the two witnesses who attested it, is required. If the Will has not been registered, evidence of its due execution is also necessary.

Upon the testator's passing, the relevant authority and registrar will need a death certificate to confirm their demise. In addition, a legal heirship certificate or affidavit is often required to establish who the rightful heirs are, even when a Will is present.

In situations where potential disputes may arise amongst the legal heirs, obtaining a no-objection certificate from all but the intended recipient is a prudent measure. This document simply records that the other heirs have no objections and does not transfer any rights. However, if certain heirs have a legitimate claim to the property and are willing to release their share, a release deed becomes necessary. This legal instrument formally conveys the relinquishment of one's share to another heir.

Siddiqui further explains that a release deed is only relevant when an existing right or interest in immovable property is being voluntarily given up. It is important to note that the person executing the deed must indeed possess an existing right or interest in the property. A release deed is not a mechanism to relinquish a mere future claim to inheritance.

For bank accounts, shares, or other movable assets within the estate, a succession certificate may be required to manage these assets separately from the property. A succession certificate is not mandatory for immovable property transferred under a Will.

The release deed is a vital legal document in this process, as it records the transfer of rights in the property. Once executed, it is advisable to register it, as unregistered release deeds may not be recognized by subsequent property transactions. Moreover, updating the property's mutation records with the new owner's name is essential for administrative purposes and tax payments. An encumbrance certificate, which lists all registered transactions and financial liabilities on the property, should also be obtained.

Non-Hindu individuals are governed by the Indian Succession Act, and while the document set remains largely similar to that of Hindu legatees, obtaining probate or a letter of administration is not required. However, obtaining these documents can provide additional protection against future challenges to the validity of the Will.

It is strongly advised that all families dealing with inherited property seek the guidance of a succession lawyer to ensure a comprehensive understanding of the legal process before approaching the registration authority.