Our house is in the name of my father and mother and i am only the child.My mother died in 1998 and my father in 2022. My father had made registered will whereby i am the beneficiary and executor. I stay in Maharashtra and got property tax transmitted in my name. Do I need to go to sub registrar office and get sale deed transmitted in my name ( or my name and my wife name) or not needed. We have two daughter . Myself and my wife will be making registered will .if i do not get property transferred in my name or myself and wife name will my daughters face any problem after we both die.

Ans: It's essential to consult with a legal professional to get accurate advice tailored to your specific situation and the laws applicable in India.

Here are some general steps and considerations:

Probate of Will:

If your father left a will, the first step would typically be to probate the will. Probate is a legal process where the court validates the will and gives legal authority to the executor (you, in this case) to distribute the assets according to the terms of the will. Unregistered wills can also be probated, but the process may vary.

Legal Assistance:

Consult with a lawyer who specialises in property and inheritance laws. They can guide you through the specific steps and requirements for probating an unregistered will and transferring the property.

Transfer of Ownership:

Once the will is probated, the legal process for transferring the property into your name and your sister's name can begin. This may involve updating the property records and obtaining a new title deed.

Inheritance Laws:

Be aware of any local inheritance laws that may affect the distribution of property. In some cases, there may be legal provisions for the surviving spouse or other heirs.
 
Mutual Agreement:

If you and your sister both agree on the distribution as per your father's will, the process may be smoother. You might consider a family settlement deed or another legal document to formalise the agreement.

Update Property Records:

Ensure that the property records are updated with the appropriate authorities, reflecting the change in ownership. This may involve submitting the probated will and other necessary documents.

Tax Implications:

Consider any tax implications associated with the transfer of property. In some cases, there may be stamp duty or other taxes involved.

Legal Heir Certificate:

Obtain a legal heir certificate if required, as it may be necessary for certain legal procedures related to inheritance.

Remember, the specific steps and requirements can vary, and it's crucial to seek professional legal advice to ensure a smooth and legally valid transfer of the property.

Consult with a good lawyer who can guide you through the process based on the laws applicable in India.

Ans: I offer my opinion on your above questions, point wise as under :
01. First of all refer to the "WILL" of your Father & Mother. Their share should be transferred, in the name of the beneficiary of the WILL, may be you, your wife of anybody else.
02. Till the date of death, your father & mother are entitled to 1/3 RENTAL INCOME EACH.
03. You are supposed to file ITR of your Father & Mother, after their death, till the date they were alive, along with their all other Income, whether from pension or any other source. ITR should be filled by you as their legal heir/representative asessee.
04. Portion of rental income of your wife, shall be continued to be shown in her ITR.
05 When property share of your father & mother is transferred in the name of beneficiaries, they will be responsible to show this income in their ITRs.
06. If there is "REGISTERED WILL" property can be transferred in the name of beneficiary. If there is no "WILL" then the property shall be divided among all legal heirs equally. However, some of the stake holders may opt for having no share in the property.
Most welcome for any further clarifications. Thanks.

Ans: 01. Your parents may transfer the property in your favor, which shall be treated as a Gift from parents to their son.
02. Other way out is they execute a REGISTERED WILL, in your favor & you can get the property transferred in your favor, after them.
03. You may be having one or more properties at present, but this will not effect in the above transaction, in any way.
Most welcome to any further clarification. Thanks.