Registration & mutation & unregistered "will"

raokn (Querist) 04 March 2015 This query is : Resolved

Dear Sirs,

Can you please clarify the following :

1. Can the Visakhapatnam municipal corporation(Andhra Pradesh) has the legal right of refusing to mutate property obtained by unregistered WILL and if "yes" under what statute???

2. If the immovable property is obtained by Mother under a unregistered WILL :

(a)can it be gifted under a valid gift deed and registered by mother in favour of sons and

(b)can the sons get it mutated subsequently on the basis of registered gift deed with Visakhapatnam municipal corporation,Andhra Pradesh , on the basis of the above registered gift deed??

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Devajyoti Barman (Expert) 04 March 2015
1. Yes if Probate is not granted. Will without Probate has no value.
2. Yes but Probate should be obtained before making the gift.
3.Yes but ask other legal heirs to provide NOC also.

Guest (Expert) 04 March 2015
You may go with the advice of Shri Devajyoti Barman.

ajay sethi (Expert) 04 March 2015
apply for probate . it is judicial proof that will is genuine . after obtaining probate mother can execute gift deed in favour of sons