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Ritesh Ratlam   02 May 2023

Transfer of property ownership/ title through registered will

Dear Experts,

My father wrote a will and made me the sole beneficiary for all his assets. He passed away a few years back.

There is one property at Delhi in his name for which I'd like to get the ownership/ title transferred in my name. I've a few questions in this regard: -

  1. Is it possible to get the ownership/ title transferred in my name WITHOUT probating the will? I heard that probating will is not required at Delhi.
  2. Is it possible to get the ownership/ title transferred in the sub-registrar office at Delhi using the registered will? If yes, what's the process?
  3. Is transfer of ownership/ title necessary? OR can I just get the mutation done on the basis of registered will. As per my understanding, it is possible to get this done in Delhi.
  4. Is mutation sufficient without transfer of ownership/ title? OR Do I need to get both - transfer of ownership/ title as well as mutation?

Kindly help me with your advise. Thanks in advance.



Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     02 May 2023

1. Probate a will is compulsory in Delhi. 2. The ownership of the property will not be made at the sub-registrar's office.  3. Yes.  you can get a mutation of the property based on the Will after probation, at Delhi. 4. Yes.

T. Kalaiselvan, Advocate (Advocate)     03 May 2023

1. It is not mandatory to get the Will probated in any place other than three presidency towns in India, namely Bombay, Calcutta and Madras.

You may apply for transfer of revenue records/mutation of properties to your name by submitting an applicaiton to the revenue department/local civic body by attaching the copy of the Will, death certiicate of the testator, legal heirship certificate,  NOC from other legal heirs. 

2. The Sub registrar is not the authority to transfer the revenue records to your name from the name of the deceased owner, you may have to approach the revenue department/local civic body alone.

3. The title to the property has already been transferred to your name by virtue of the testamentary disposition i.e., the Will, when you have enforced the \will and acquired the property.

However the mutation records transferred to your name will indicate the ownership of the property as per revenue records.

4. Mutation itself is a transfer to your name.

 


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