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Rajkumar Dev   09 August 2022

Does a registered will needs to be mutated or probated compulsarily?

Sir i am devan, my father was rajkumar, he died last year. My father has 2 self earned property. In 2014 he wrote a will and registered it and in that will he states that one of his property belongs to me and i have right to sell it. In 2017 he wrote another will and states his another self earned property belongs to my brother.

My father died last year september, i am 56 years old, do i need to mutate or propate the will compulsarily. 

Or can i just have the original copy and write my own will stating the same property belongs to my son and daughter is enough?

Becos transfer of title of property needs nearly 50 to 60k. 

So i dont want to waste the money, if i wrote a will let my kids may directly transfers the title of my fathers property to their name directly.

I am residing in madurai, tamilnadu, so probate is not necessary as per rule. Does mutation of will necessary to enforce it sir?



Learning

 1 Replies

Dr J C Vashista (Advocate)     10 August 2022

Mutation of will would suffice if your brother or any other legal representative of your deceased father do not have any objection qua the will executed by your father. In simple words you need not seek probation of the will, if none else LR of your deceased father has any objection.

Title of the property is not (NOT) transferred in your name,on the basis of will executed by your father where you are beneficiary.  Accordingly you have no right to bequeath it in favour of your children, as planned.


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