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Sachidananda Rath   27 June 2021

Registration fee on house property by Subregistrar after the will for the same probated on Court of law

Registration fee of house property after the will probated:

A registered will on a house property is made by my father in favour of me
After the demise of my father, I intend to probate the will in Court
I come to know that I have to pay 7% registration fee to Govt of Odisha (property in Bhubaneswar Odisha) on the proerty after probating to register in my name in Subregistrar Office
However, all other legal heirs to the said property are agreed to relinquish their rights in the property in my name and the registration of Relinquishment deed carries less fees by Govt of Odisha.

Should I opt for Relinquishment route over Probating will route in order to save about lakhs of registration fees in view of difference in registration fees between the two ?

Your valuable jurisprudence is highly solicited.

Regards.

Yours faithfully,
S N Rath
Bhubaneswar Odisha
June 27,2021


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 5 Replies

G.L.N. Prasad (Retired employee.)     28 June 2021

Contact a local advocate and he will provide you a deed of family settlement as accepted by others, and get the deed and get award status through Legal Services Authority.  Is probating the will compulsory in your state, whether the will was registered (no registration is not compulsory)?.  Relinquishment of share in immovable property requires compulsory registration, hence your advocate should draft the deed and also mention that as per the will dt............of the deceased the property belongs to Sri...............the No............son.  The other legal heirs are contributing their signature and have no objection to transferring the property in the name of ...........................as per the will dt...................of deceased father ...........................

Sachidananda Rath   28 June 2021

Respected GLN Prasad Sir,

Extremely thankful to you for very quick response
I may reply that probate of will is compulsory in Odisha

Is there any loophole or less weightage in Registered Relinquishment Deed in comparison to other routes like registered family settlement deed and probate of will?

Please advise


Regards.

G.L.N. Prasad (Retired employee.)     28 June 2021

When a reply is given, the entire aspects are covered.  Enter into a family settlement deed and get the same indexed by processing through Legal Services Authority.

P. Venu (Advocate)     29 June 2021

there is nothing wrong is opting for the better option. However, what is the necessity of registration after the Will is probated? Please examine.

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

The probate of Will is not mandatory in the state of Odisha.

Also there is no necessity to get the property registered after getting the probate of Will.

If all the other legal heirs/co-sharers are ready and willing to relinquish their rights in the property by executing a registered release deed, then there is no necessity for probate of Will and also there is no necessity to register the property on your name because the relinquishment deed makes you an absolute owner of the entire property with clear and marketable title to the entire property.

Therefore do not indulge into unnecessary acts on the basis of rumours or misguidance of people with half baked knowledge about this subject matter.

You can discuss with an experienced advocate in the local on all such further issues.

 

 

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