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Saurabh   08 September 2017

Mutation for transfer of property

Can mutation in the name of beneficiary be done before the death of executioner of will? Mutation for transfer of property was done 20 years before death of will executioner.



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 18 Replies

Amol S Ghatpande   08 September 2017

No. Last Will come into effect on death of executant.

Amol S Ghatpande   08 September 2017

No. Last Will come into effect on death of executant.

Kumar Doab (FIN)     08 September 2017

Originally posted by : Saurabh
Can mutation in the name of beneficiary be done before the death of executioner of will? Mutation for transfer of property was done 20 years before death of will executioner.

NO.

WILL operates afted death of testator.

 

Kumar Doab (FIN)     08 September 2017

The beneficiary gets property disposed by a  valid WILL after WILL is acted upon without any cloud on it.

Either by process of 'Testate Succession' or Probate.

'Testate Succession' : Death certificate of testator, certified copy of WILL, Legal heir certificate, NOC of legal heirs other than beneficiary are basic requirements.

 

Kumar Doab (FIN)     08 September 2017

Apparrently either there is serious lapses, abuse of process and system, fraud etc 

 

Or 

The mutation is not as per WILL but some other valid/registered deed.

 

Obtain mutation records and all link docs from the O/o autority under whose jurisdiction property falls and confirm on basis of which deed and supporting documents mutation is effected..

 

Kumar Doab (FIN)     08 September 2017

Same Query:

 

https://www.lawyersclubindia.com/experts/Mutation-and-will--654566.asp

Saurabh   08 September 2017

But tax notices of property were in name of beneficiary when mutation was made

Kumar Doab (FIN)     08 September 2017

Obtain mutation records and all link docs from the O/o autority under whose jurisdiction property falls and confirm on basis of which deed and supporting documents mutation is effected..

Ignore Tax notice and reciepts for the time being.

Saurabh   08 September 2017

Is there any authority of supreme court regarding this or any IPC act regarding this.

Saurabh   08 September 2017

No certificate were attach at time of mutation because at that executant was alive and was in sound state of mind, so no question of death certificate arises

Kumar Doab (FIN)     08 September 2017

What Act or IPC....................?

 

Kumar Doab (FIN)     08 September 2017

Dear LCI Querist @ Saurabh,

 

Obtain mutation records and all link docs from the O/o autority under whose jurisdiction property falls and confirm on basis of which deed and supporting documents mutation is effected...........

 

It is easy and can provide you with clarity.



 

Saurabh   08 September 2017

Is there any written law regarding this that mutation cannot be done before death

Kumar Doab (FIN)     08 September 2017

Atleast in case of WILL as posted by you it is not possible.

The owner can dispose by some other valid/registered deed e.g; sale/gift etc.............

So obtain mutation records with all link docs and ascertain by which valid/registered deed mutation was effected.

 


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