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Property Registration in nephew's name
3 years ago
My uncle(Dad's own brother) was un-married and has passed away. He owned a property and left an un-registered WILL which stated to pass on all his asset to me. I have obtained Legal Heir Certificate as well. Can I register the property in my name using that and what will be the process?
A.The normal process followed when dealing with unregistered wills is to obtain no-objection certificates(NOCs) from all other legal heirs. If there are any objections, the will must be probated, which is a process by which the Court verifies its authenticity.
If your late uncle has not appointed an executor for the will, then you shall have to approach the Court to appoint an administrator/executor to distribute the property on his behalf.
You shall be required to submit a copy of his death certificate, your legal heir certificate, property papers and a copy of the will to the concerned land authorities, and apply for a mutation certificate to get the property registered in your name. Bear in mind though, that this means you shall be liable to pay taxes and any other fees on the property once it is done.
If your late uncle has not appointed an executor for the will, then you shall have to approach the Court to appoint an administrator/executor to distribute the property on his behalf.
You shall be required to submit a copy of his death certificate, your legal heir certificate, property papers and a copy of the will to the concerned land authorities, and apply for a mutation certificate to get the property registered in your name. Bear in mind though, that this means you shall be liable to pay taxes and any other fees on the property once it is done.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.The normal process followed when dealing with unregistered wills is to obtain no-objection certificates(NOCs) from all other legal heirs. If there are any objections, the will must be probated, which is a process by which the Court verifies its authenticity.
If your late uncle has not appointed an executor for the will, then you shall have to approach the Court to appoint an administrator/executor to distribute the property on his behalf.
You shall be required to submit a copy of his death certificate, your legal heir certificate, property papers and a copy of the will to the concerned land authorities, and apply for a mutation certificate to get the property registered in your name. Bear in mind though, that this means you shall be liable to pay taxes and any other fees on the property once it is done.
If your late uncle has not appointed an executor for the will, then you shall have to approach the Court to appoint an administrator/executor to distribute the property on his behalf.
You shall be required to submit a copy of his death certificate, your legal heir certificate, property papers and a copy of the will to the concerned land authorities, and apply for a mutation certificate to get the property registered in your name. Bear in mind though, that this means you shall be liable to pay taxes and any other fees on the property once it is done.
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