Mutation of house

This query is : Resolved 

16 April 2019

Can i claim my self as Owner/Title holder of the house on the basis of a Registered WIIL solely in my name by virtue mutation done in the corporation/house tax records?

SHIRISH PAWAR, 7738990900 (Expert)
17 April 2019

If you are in metro city you have to get probate from court of will. Otherwise you can mutate property in your name on the basis of will executed in your favour. After mutation you will be owner of property.

Dr J C Vashista (Expert)
18 April 2019

Mutation of a property does not entitle your title of the property.
Probation of will is mandatory in some of the metro cities.
Consult a local prudent lawyer with the document for proper guidance and proceeding.
However, if you are located in Delhi and feel so, may contact me (on appointment) at:
Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939

munshilal (Querist)
18 April 2019

when experts give confusing reply to a simple query ,what better knowledge would a prudent lawyer have to give-----it is well settled that -registration in the corporation for the purpose of Mutation does not prove Title-- ,Firstly please clarify , the query--i would certainly meet you in your chamber ,thanks for the invitation also spell out your charges if any?

18 April 2019

Dear Sir,
Once a property is changed in your name and basis of registered Will you became absolute owner in other words title holder of the said house. To test your ownership you may approach any Bank and try to get some loan so that your title become pool proof.

rajeev sharma (Expert)
18 April 2019

There is no confusion. your title on the property accrues from will. If you are located in a metropolitan city then you will have to obtain probate of the will to become owner of the property. Mutation in municipal record does not give you any title as it is just a record of title for the purposes of collecting tax. Mutation of property in your favour is done when you have acquired ownership of property. So at the most it it is just an evidence of already acquired title. Mutation neither gives nor take away ownership.

P. Venu (Expert)
18 April 2019

Yes, if a valid will, the property is vested with the beneficiary on the death of the testator i.e. the title to the property is because of the bequest. As regards to getting mutation carried out, it a matter of procedure.

Indian Succession Act mandates that probate is mandatory if -
- Made by Hindu, Buddhist, Sikh or Jain within the territories which at the date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay or

- Made the Will outside those territories and limits, so far as relates to immovable property situate within those territories or limits.

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