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.
Saurabh 08 September 2017
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.
Amol S Ghatpande 08 September 2017
Amol S Ghatpande 08 September 2017
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
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
Saurabh 08 September 2017
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
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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