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Meenakshi (retd banker)     15 February 2012

Transfer of house property by will of deceased

Hi

 

My father died leaving a will wherein he had left all his assets including residential self owned house property to my mother.

What is the procedure for transfering the house property to her name?  Do I need to get the will probated?

How do I get her name in the mutation deed in the corporation records?

kindly advise.

 

Sumati

 

 

 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 February 2012

Dear Querist,

First obtain a probate by filing a petition to that effect to your area District Judge, who would on the reciept of the same, issue notices to all legal heirs to hear their objections, after being assured of the genuinity of the will - it would grant you the same - which may be used for mutation - which is not a complicated task. However if heirs choose to challenge - it may take some time

k.chandrasekharan (advocate)     28 February 2012

The word 'corporation' in the query is important. If it is Chennai,Kolkata,Mumbai or Delhi, then probate is a must. A case has to be instituted in ithe court of Principal City Civil judge, for grant of probate. Court fee has to be paid on value of estate in full. Legal help is necessary.

At other places, probate is not necessary. An application to the 'corporation', for change of 'khata' or 'patta' by mutation has to be filed, with annexures as prescribed. The Corporation may insist upon affidavits from other class 1 legal heirs, expressing no objection to this process. Then the revenue record would get changed. Apply again for a certified copy of the order of mutation and 'khata'/patta. Pay the current year's tax.

The documents so obtained alongwith the original title deed will constitute the documents that title is transferred in the name of the legatee of the will. Still in the event of sale of the property, the buyer, may for the sake of his safety, may insist upon execution of the deed by all the legal heirs. For possession and enjoyment, leasing out the property or creating mortgage, there won't be any difficulty in the normal circumstances.

Probate order from district court would dispel any doubt on the part of purchasers. But this is a costly and time-consuming affair, involving outflow of funds first, by way of court fee and legal fees and attendant expenditure


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