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agarwal (officer)     04 February 2011

transfer of property through will

My parents have expired. pl advise on how to transfer the property of parents through will. is probating the wil necessary in UP. If not what are the charges to be paid while transfering the property to the family members(stamp duty, registration and other charges if any). Pl also tell the procedure.



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 2 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     07 February 2011

As I can find there cannot be a will after the death of the parents. Probating comes into play when the will is executed in the metropolitan cities i.e Madra, Bombay and Culcutta. The best way is to partition the property andthere ends the matter.

Law $ aam (Executive)     08 March 2011

Dear  agarawal, 

If your parents had left a will in favour of you then you have to apply in civil court for succesion certificate on the basis of will. After getting succession cetificate apply in muncipal corporation and other revenue authorities where property is listed for mutation. 

1.In Nagar Nigam you have to pay no amount for mutation in UP.

2.some developing houses charges mutation charge @1% of property,s market value., but not in case of blood relation mutation.

3. In UP it is not mandatory to apply for  probate but if your will is not registered then it will be a problematic situation for you to get asuccesion certificate.

4. In Some part of UP nagar nigam directly mutatae the property in your name on the basis of registered will.

5.If you will apply for succesiobn certificate there will be a nomonal court feees fro the procedure.

it will be better you go and enquire the bodies where your fathers property is registered.

 


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