Sale of inherited property

Querist : Anonymous (Querist) 16 February 2021 This query is : Resolved
For an inherited property, is it sufficient to have mutation of the property in the name of the successor, or is probate of will necessary ?
( A will is there, death certificate is also available)

If a probate is required, how long does it take, and what is the stamp duty (if applicable)?

Location of property is in state of Uttar Pradesh.

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Quick Summary

When selling an inherited property in Uttar Pradesh, it's important to know if simply having the property mutated into your name is sufficient, or if obtaining probate for the will is necessary. While probate isn't always compulsory, it's advisable to consult a local lawyer, especially if there are any disputes among beneficiaries. Your lawyer can guide you on the specific requirements, potential timelines, and any applicable stamp duties based on whether the property was inherited or self-acquired.

kavksatyanarayana (Expert) 17 February 2021
Probation of a Will is not compulsory. If there is any dispute among the beneficiaries, then file an application by consulting a local advocate.

Dr J C Vashista (Expert) 28 February 2021
Whether the subject property of the Testaor is inherited or self-acquired ?
Contact, consult and engage a local prudent lawyer for proper appreciation of facts/ document, professional advise and necessary proceeding.

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