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KAPIL RATHORE   18 October 2021

Mutation and succession of house property

A person (lady) who is only child of her parents, inherites the property from her parents through the WILL in 1960.

(and the lady who inheritated the property is in posession of the property for 50+ years.)

 

Question 1: will that house property is ancestral or self-acquired for that lady?

(since the property can not be devided and it goes whole to the only daughter(the lady) will it be called self acquired ? )

 

Question 2: House property which is not mutated in Munciple office however the utilitiy bills are on her name, does that person entitled to executed the WILL,  or she first have to mutate the property in Munciple office than only she can execute the will ?

(in short Does mutation of house property is mandatory in munciple office before executing the WILL ?)  

 



 6 Replies

Dr J C Vashista (Lawyer)     18 October 2021

Q 1 It is self acquired in the hands of beneficiary of will.

Q 2 It is better to get the mutation recorded/ mutation sanctioned for the property.

However,  Probation of will is optional throughout India except presidency towns of Bombay, Madras and Calcutta.

1 Like

Raj Kumar Makkad   18 October 2021

1. If the daughter is the sole successor of her parents then even she doesn't need the will and if so, the nature of the property canot be definitely described as an ancestral or self acquired unless previous ownership documents are through. Though in the igven facts, such property shall now become self acquired by way of will as none is there to challenge it.

 

2. Yes. Itis advised.

1 Like

M V Gupta (Advocate)     18 October 2021

I agree with Dr. Vasishta's opinion. Any property obtained through the will of the deceased person is self-acquired. Better get the mutation done in the municipal records before executing the will. Nevertheless, the will does not become invalid even if t is executed before effecting mutation in the municipal records.

1 Like

KAPIL RATHORE   18 October 2021

Thanks all. The person who executed the will is passed away all the utility bills are on her name but she didnt mutated it in munciple office as she was not educated lady. 

Since he passed aways without mutating it. the WILL she executed still be considered as VALID

GANDHI MOHAN BHARATI (Pensioner)     18 October 2021

WILL is valid. Probation of will is optional throughout India except presidency towns of Bombay, Madras and Calcutta as pointed out by Dr J C Vashista (Lawyer).

As he pointed out it is deemed self aquired because under the WOMEN'S RIGHT TO PROPERT ACT, 1956 also a property coming into the hands of a woman by way of gift, will sreedhana etc., is considered as self acquired property.

Produce the documents and get the mutation done because she must be old by now.


 

1 Like

P. Venu (Advocate)     18 October 2021

It is unfair  to post the query without the facts and subsequently provide the facts, that too, vague and disjointed. What prevents you from posting an uncomplicated query with complete facts? 


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