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Raju kumar (chairman)     14 January 2022

Can i sell a property based on my registered will without mutation.

1) Hot to mutate a registered will. What are the documents necessary to mutate a will?
2) Can i sell the property by a direct sales deed based on a registered will favoring me?
3) Does mutation of will is compulsory?


Learning

 2 Replies

Aryan Raj   14 January 2022

In response to your query,

To execute a Will there is a proper procedure, if you want mutation of the property on the basis of a registered Will then you will have to file a case to execute that will and your legal heirs have to give no objection in the court. Once all that is done, only then the court will grant to letter of administration.

Documents required- Copy of Sale Deed, Application for mutation with court fee stamp affixed, Indemnity bond on stamp paper of requisite value, Affidavit on stamp paper, and Receipt of the up-to-date property tax payment.

The property can simply be transferred on the basis of the will and only after that, you can sell /transfer /gift /mortgage the property.

Even as property registration is mandatory in India, the mutation is not legally enforceable. A mutation is, nonetheless, important, since it guarantees that all records related to a property are updated with the government. This enables an owner, without a doubt, to sell his property.

Regards,

Aryan Raj

 


 

Raju kumar (chairman)     14 January 2022

The property can simply be transferred on the basis of the will and only after that, you can sell /transfer /gift /mortgage the property.

 

^^ Cant understand above lines sir.. My father was died, so, as far as now, according to the registered will drafted by my father. Does the property belongs to me. Does i am the property owner according to the will. As the properties are my father's self earned property.

 

My elder brother residing in that property says the will is void, as he is staying there for 15 years.

 

But in the will registered, my father clearly wrote, the property solely belongs to me and i hav the right to sell, or lease or rent the property as my wish after he dies.

 

Now can i sell that property?

Till then, can i have the right to collect rent from my brother for that property?

 

Thanks for ur reply sir!

 


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