My father expired in April this year. We are 2 children, myself his son and a sister. We are staying in a co-operative hsg society in a leasehold of 999 years. I have become a member of the society as per instructions/sole nomination left by him. We now want to proceed with other formalities like including my name in property card at Mulund court. He has left a registered will in which he has left the current house to me and had given a house to my sister in the past which she sold and settled in US. We have been asked to "probate" this will. What is involved in this and how to proceed ? Are any documents required from my sister ?

Thanks, atul
If you want to have probate of your father's will, then please go to testamentary division of Bombay High Court, to get your late father's will probated.

It is not necessary that your sister who resides abroad be present here in the court. If your sister is not having any argument in your father's Will bequiting his estate in your favour, then she need not come to Mumbai. Court may ask for her statement while doing probate of your father's Will, which she can do it at Indian consulate office at the foreign country (US) of her resident.

You may to find some good advocate who is expert in doing probate of your father's Will.

Once you get the probate, then you can transfer all the property of your father in your name, through another or same advocate.

All this work takes three to 12 months, and court fee is about Rs30 to 40 thousand and legal charges will be Rs30,000 to Rs1.50 lakh depending upon the advocate and complications involved in your probate work.

After you get the probate, in your Co-operative Housing Society, (if it is flat in condominium or stand alone bungalow) then transfer in your name for 7/12 extract with Talathi Office, and Property Card in City Survey Office, has to be done.

For this work, you will have to spend Rs500 (if it is only with Co-operative Housing Society) to Rs1.50 lakh (if it is in Condominium or stand alone building or landed property), for 7/12 extract and Property Card works.

This later work will take time, two months (if it is in Co-operative Housing Society) to 12 months (for 7/12 extract and property card works).
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