Mutation of immovable property
raokn
(Querist) 08 October 2014
This query is : Resolved
Dear Sirs,
I still have no clarity categorically whether a validly executed WILL with death certificate and an application is sufficient for transfer of immovable properties or movable in my name obtained through the Will specifically meant for me without any ambiguity.
The Point that I want categorically whether Legal heir certificate is still compulsorily needed or not when one is possessing a validly executed will for transfer of immovable or movable properties?
Anirudh
(Expert) 08 October 2014
Dear Mr. Rao,
Please note that it is true that on the basis of a validly executed WILL, one can get the property mutated in favour of the beneficiaries of the WILL (In this case you say that you are the only beneficiary. It is OK. Agreed).
First and foremost, one has to know whether probate of a WILL is compulsory in the State or not. For instance in Delhi, probate of WILL is not required. If probate of WILL is compulsory, then you have to approach the Civil Court for probate of the WILL.
In case probate of WILL is not compulsory in your State, then you have to approach the Authority concerned to mutate the property.
But, how does the officer who has to mutate the property in your favour, knows that you are the only legal heir and there are no other legal heirs and that those other legal heirs (if existing) have no objection in giving effect to the WILL?
Therefore, one has to first get a legal heir certificate from the Tehasildar concerned by applying indicating the names and relationships (like wife, son, daughter etc) of the heirs to the deceased. After making due enquiries and verification the Tehasildar will grant the legal heir certificate.
Now you can apply to the Authority concerned for mutation of the property by enclosing (i) the WILL and (ii) the legal heir certificate.
The Authority will take steps to issue notice to all the legal heirs (the address of the legal heirs will be provided by you) and asking them to give their comments within the specified time. If all of them give NOC, then on that basis the Authority will grant mutation to you.
In case any of the Legal Heir objects the mutation being granted, the mutation will not be granted to you. You have to then approach the Civil Court for probate of the WILL.
Rajendra K Goyal
(Expert) 08 October 2014
Well explained by the expert in detail, agree with the expert.
