Property received by " will" resistered in district court

narendra khona (Querist) 01 February 2025 This query is : Resolved
Hello Sir,
My question is, " lf a Property is received through a " WILL ", can the individual Mutate only a portion of the Property mentioned in the " WILL ", as a Portion of the Property is in the Possession of another individual's.
Thanks 🙏 🙏

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Quick Summary

This discussion clarifies whether a beneficiary can mutate only a portion of a property received through a Will, especially if another part is occupied by someone else. It's explained that while a beneficiary can mutate their share, obtaining a probate of the Will from the court is generally required to legally confirm their entitlement before the mutation process can begin. Attempting to mutate without this legal confirmation can lead to disputes, and the revenue department might require the property to be clearly demarcated.

T. Kalaiselvan, Advocate (Expert) 01 February 2025
The beneficiary of the Will can very well apply for mutation of his share in the property if the bequeathed property is a joint property and has been properly or amicably divided among the beneficiaries of the Will by enforcing the Will following the legal formalities thereto

narendra khona (Querist) 01 February 2025
Sir, Appreciate the quick response very much.
My question was, can individual Mutate only a Portion of the Property WILLED only to him, & what happens to the remaining property not Mutated (a small portion of the Property is with someone else.) even if the WILL states " the remaining Property is WILLED TO him.
Thanks 🙏🙏🙏

T. Kalaiselvan, Advocate (Expert) 01 February 2025
A beneficiary of a Will can mutate their share of property alone, but they must first obtain a probate of the Will from the court, proving their right to the property as per the Will, before initiating the mutation process; essentially, they cannot mutate the property solely based on the Will without legal confirmation of their entitlement.
If a beneficiary attempts to mutate their share without a probate, it can lead to legal disputes with other heirs or challenges to their claim. .

narendra khona (Querist) 02 February 2025
Sir, Thanks for the QUICK RESPONSE, Really Appreciate it very much. Please let me reconfirm as per the reply, the INDIVIDUAL MUST MUTATE THE WHOLE PROPERTY WILLED TO HIM,
I NEED TO KNOW, " CAN ONLY A PORTION OF THE PROPERTY " WILLED " TO HIM, BE MUTATED (BY HIM), & IF SO, WHAT HAPPENS TO THE REMAINING PORTION OF PROPERTY
THE NOT MUTATED PROPERTY ".
THANKS, 🙏🙏

T. Kalaiselvan, Advocate (Expert) 02 February 2025
First of all you may confirm that the revenue department will permit you to mutate your portion of property alone without getting probate of the Will, if yes, why do you worry about the other portion which do not belong to you, it will be the headache of the other beneficiary.

narendra khona (Querist) 02 February 2025
Namaskar Sir,
My understanding is that to Mutate a Property, one MUST need A Sale Deed, or A WILL certified by Courts, & Some Documents, Certificates, ID's etc., without which mutation cannot be done.
Thanks 🙏

T. Kalaiselvan, Advocate (Expert) 02 February 2025
You have a Will bequeathing some portion of property to your name.
If the testator died then the Will comes to force.
However, if all the beneficiaries apply for mutation jointly then the copy of the Will, death certificate legal heirship certificate and individual identity proofs may be sufficient.
In your case you want to do it separately for your share of property alone hence you would be instructed to obtain probate of Will for mutation.
What do you mean by ' court certified Will'?

Kishor Mehta (Expert) 02 February 2025
Important matter is the property proposed to be mutated should be exclusively his own and should be clear of all claims to the contrary.

narendra khona (Querist) 05 February 2025
Sir,
A Court certified WILL means that since the WILL has been registered, A certified Copy of the WILL MUST be obtained on a stamp paper, after following the proper PROCEEDURES IN COURT.
I NEED TO KNOW, IF A PORTION OF THE PROPERTY GOT THROUGH THE " WILL ", BE MUTATED (BY HIM), eg. If the WILLED PROPERTY IS 10 cent, can he mutate ONLY 9 cents, AS the REMAING property is in some ones possesion & IF SO, WHAT HAPPENS TO THE REMAINING PORTION OF PROPERTY THE NOT MUTATED PROPERTY by the individual ". THANKS, 🙏

Kishor Mehta (Expert) 05 February 2025
Initially the WILL has to be probated by a Court (in some states probate of a WILL by Court is not necessary but the state authorities/collector are given the authority to validate a WILL), the part or portion coming to your share has to be specifically demarcated only then you will know the exact part or portion that you are emtitled to own, occupy or sell. Major or minor share holders have no bearing on these proceedings.

narendra khona (Querist) 16 March 2025
Sir,
If an individual,, one person only get's a property with 4 Division's, eg: survey no.406/2,3,4, area extent 20 cents, by the way of a WILL, can the individual Mutate only a portion of the Property as 1 cent of the Property is in possession of another person.
Can he mutate only 19 cents❓❓❓
Thanks 🙏🙏🙏

narendra khona (Querist) 17 June 2025
Good Evening Sir, My query is, what does it mean if a Thandapar contains a letter " P ", eg.
1234-P/2025.
Thanks,
Narendra.

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