Sale of property with registered will

Mariam (Querist) 30 June 2017 This query is : Resolved
Hello,
My mother owns a Mhada house in Mumbai. She left a Will in 2009 in my name and got it registered as well. She passed away in 2014.
I would like to know if I can sell the property using the registered Will, without having the property transferred in my name.

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Kumar Doab (Expert) 30 June 2017
The owner alone can sell.
You are a beneficiary in the WILL.
The WILL should be acted upon without any cloud on it to transfer the ownership in your name. Till then deceased is owner in records or his/her legal heirs by inheritance.
It is mandatory to probate the WILL at Mumbai.

Mariam (Querist) 30 June 2017
A lawyer in Mumbai informed me that he can arrange to transfer the Mhada property in my name within 2 months without having to probate the will, as probate would take 6 - 8 months. I need clarity to understand if the transfer is possible without probating the Will to save on time.

Kumar Doab (Expert) 30 June 2017
The lawyer alone would know what is the process and strategy.
If you wish you may take second opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters.
It might be possible if there is NO dispute and all legal heirs join as seller/consenting witnesses.
However as suggested above obtain another opinion.

Kumar Doab (Expert) 30 June 2017
LCI experts Mr. Hemant Agarwal, Mr. Madhu, Mr.Kishore Mehta, Mr.M.V.Gupta are from your location/state.
If you wish you can approach them.

Kumar Doab (Expert) 30 June 2017
Same Query:

http://www.lawyersclubindia.com/experts/Transfer-of-property-with-registered-will-645961.asp

Kishor Mehta (Expert) 30 June 2017
Madam,
You have to take a probate on the Will in the Bombay High Court to be able to sell an immovable property in Mumbai.This is the legal way. It will not be advisable to resort to any other alternative.
Good Luck,
Kishor Mehta

Mariam (Querist) 30 June 2017
Thanks to all for your response, will get in touch with one of the recommended lawyers.

Rajendra K Goyal (Expert) 30 June 2017
In Mumbai probate is required, get the will probated, transfer the property in your name and may sell it afterwards.