Transfer of title...
Querist :
Anonymous
(Querist) 06 October 2011
This query is : Resolved
Me and my brother have been left with some property by our deceased father . We have applied for Probate of the Will .
These are my queries please -
a.How will the Title of the property be transferred in our names after the Probate judgment is made. Will we need to go to the Registrar and pay some stamp duty or go to Municipal Authorities for Mutation and getting the Title of the property in our names or is there some other procedure is done or the Probate Order / Letter of Admin. is enough.
b.Can the property be Mutated or Titles transferred in our names before the Probate Judgement is made.
c.If the Title of the Property will be transferred in our name only after the Probate can I sell the rights of my undivided share in the property before the probate is done.
d.Will this sale of rights before the Probate/ Mutation done through Sale Deed or through a Power of Attorney for consideration.
e.Once this Probate of the Will is complete and an order is passed - with that will the TITLE of the property once for all clear or no .
kuldeep kumar
(Expert) 06 October 2011
A)only registration fees are exempted.
B)no
C)no
d)yes
Querist :
Anonymous
(Querist) 06 October 2011
Please explain what is the procedure after the Probate is done to get the Title of the prop. in our name.
Shailesh Kr. Shah
(Expert) 06 October 2011
A)Will we need to go to the Registrar and pay some stamp duty
Ans.Yes
go to Municipal Authorities for Mutation
Ans:yes, with some charges
B) No
C) Could be but disclosing facts.
d) Sale Deed
e) all clear
Shailesh Kr. Shah
(Expert) 06 October 2011
After Probate judgment,you and your brother are absolute title on that property.
kuldeep kumar
(Expert) 06 October 2011
u have not asked procedure in ur first thread.resjudicata applied.just joking i dont know the procedure...
prabhakar singh
(Expert) 06 October 2011
a.After grant of PROBATE court will ask you to submit a valuation report on which you shall have to pay court fees in the court granting the PROBATE as per rate to be determined by the state court fees Act.
Mutation would have to be applied every where name of your father was recorded including municipal board on the basis of the PROBATE.
A PROBATE IS A JUDGEMENT IN REM AND BINDS NOT ONLY PARTIES BUT THE WHOLE WORD.
b.NO!Since a probate proceeding is pending on basis of a WILL of your father it can not be.BUT ,in case your father died living behind only two as his legal heirs,and no widow or daughters and if the will is unregistered and no probate has been applied at all then you both being the only heir as per will as well as under HINDU SUCCESSION ACT ,may use a choice to claim your succession either under will or under hindu succession Act.
c.you can not sale or exercise any right unless probate is delivered to you by court after payment of court fees.
d.In view of answer to [c]given above this question does not arise.
e.It is not the order but Probate when delivered to you after payment of court fees your title shall become absolute.
prabhakar singh
(Expert) 06 October 2011
Dear kuldeep !
If you do not take it otherwise i wish you do not joke in answer to a query or once you in haste forget to remind the author it was your
jest and not the truth,he would be misled by your advise which may prove fatal,and i think that is not our purpose that an author gets misled by our any kind of inadvertence.Chances of mistakes from any of us can not be ruled out,but we can always avoid our inadvertence in this kind of service either given against fees or free.
R.Ramachandran
(Expert) 06 October 2011
I agree with both the views of Mr. Prabhakar.
ajay sethi
(Expert) 06 October 2011
agree with mr prabhakar singh well advised.
kuldeep kumar
(Expert) 06 October 2011
u have not asked procedure in ur first thread.resjudicata applied.just joking i dont know the procedure... by words resjudicata applied i meant that author must ask everything in one thread and by word joking i meant u can ask it again no problem.my message to querist was that cut short time and ask everything in one thread.
Querist :
Anonymous
(Querist) 06 October 2011
a.( PROBATE IS A JUDGEMENT IN REM AND BINDS NOT ONLY PARTIES BUT THE WHOLE World.)
So you mean a probate clarifies a Title of the Property and NOT ONLY the fact that a Will is genuine which i had always thought. ,ok.
b.(may use a choice to claim your succession either under will or under Hindu succession Act.)
what does this means, does this means we could have gone straight to the registrar and get the title transfer in our name without going to the court. Would have the Registrar transferred the Title in our name without the probate.
c. Confusion here Shailesh ji says we can sell our undivided rights by discolsoing the facts vide a Sale Deed but prabhakar ji says we cannot.
Still One major ques. is pending what is the procedure after one gets the Probate after paying the court fees. Does one has to go to the Registrar or Municipal authorities and fill some kind of form or something else. Thanks.
kuldeep kumar
(Expert) 06 October 2011
when probate is granted it means will is genuine and there is no dispute about its execution.if u and ur brother r sole heirs still u will need to obtain probate before registrar marks any entry.
Querist :
Anonymous
(Querist) 06 October 2011
Thanks,
Everything is clear except these ques.
a.Can someone sell his undivided rights in a property before the probate of the Will to which Sailesh ji has said Yes and to which Parbhakar ji has said not before the Probate of the Will.
b.When one gets the Probate whats the next step from where will one get the Conveyance Deed, will he have to go to Registrars office for some kind of or municipal authorities for conveyance deed/registration/mutation.
Thanks You.
kuldeep kumar
(Expert) 06 October 2011
dear anonymous u have 500 mg tablet above provided to u by experts still u entertain doubt
Querist :
Anonymous
(Querist) 06 October 2011
Brother Kuldeep Kumar ji , Grateful for the answers but these two confusions are not cleared yet if you go through all the answers.
Querist :
Anonymous
(Querist) 06 October 2011
Everything is clear except these ques.
a.Can someone sell his undivided rights in a property before the probate of the Will to which Sailesh ji has said Yes and to which Parbhakar ji has said not before the Probate of the Will.
b.When one gets the Probate whats the next step from where will one get the Conveyance Deed, will he have to go to Registrars office for some kind of or municipal authorities for conveyance deed/registration/mutation.
Thanks You.
kuldeep kumar
(Expert) 06 October 2011
shailesh ji hai said what..cut..before the probate has been granted u can not transfer title.when one gets probate..answer is simple approach ur registarar local to get registration free of cost.will is free no charge.except some charges will is free to be registred.u send me pms if u r appearing for judicial services examninations
kuldeep kumar
(Expert) 06 October 2011
one thing i have known so far u r not advocate.u r doing LL.B or preparing for exams
