Regestered will deed
7 months ago
Recently my brother passed away. He wrote a will deed stating that all his property on his 2nd sister.Now she wants to do mutation, when we enquired in muncipality they said if his wife objects for mutation there will be problem for mutation. In this case how we can proceed with this property.Do we need to register the building on her name? On that building around 80 Lakh loan is there, how we can register and when we can register? Can we take some time (how mush) for registration?because for registration we have to clear the loan i think.
A.Dear Client,
To transfer the title of immovable property through a Will, you need to file a probate case of the Will before the High Court or civil court depending on the jurisdiction. A probate is granted only to the executor appointed under the Will. The court will issue notice to all the legal heirs and ask for their no objection when all the heirs have given their no objection to the Will, the court will issue a letter of administration in favour of the Executor to manage or administer the estate of a deceased person. In cases when there is not any executor of Will then the beneficiary can apply for a letter of administration in the court. An Executor or a beneficiary in the absence of an executor has to file probate within three years after the demise of the testator of the will. The Provisions of the will is regulated through testate succession provided under the Indian Succession Act, 1925. Once the rights of the beneficiaries are decided by probate, beneficiaries need to approach the sub-registrar office with the will, probate, and the property ownership document to get it transferred to their names. When the property is mortgaged against a Bank Loan, without the NOC from the Bank, the title of the property cannot be transferred in the name of the beneficiary.
To transfer the title of immovable property through a Will, you need to file a probate case of the Will before the High Court or civil court depending on the jurisdiction. A probate is granted only to the executor appointed under the Will. The court will issue notice to all the legal heirs and ask for their no objection when all the heirs have given their no objection to the Will, the court will issue a letter of administration in favour of the Executor to manage or administer the estate of a deceased person. In cases when there is not any executor of Will then the beneficiary can apply for a letter of administration in the court. An Executor or a beneficiary in the absence of an executor has to file probate within three years after the demise of the testator of the will. The Provisions of the will is regulated through testate succession provided under the Indian Succession Act, 1925. Once the rights of the beneficiaries are decided by probate, beneficiaries need to approach the sub-registrar office with the will, probate, and the property ownership document to get it transferred to their names. When the property is mortgaged against a Bank Loan, without the NOC from the Bank, the title of the property cannot be transferred in the name of the beneficiary.
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A.Dear Sir,
Normally without probate proceedings the contents of will cannot be implemented by the concerned authority.
Normally without probate proceedings the contents of will cannot be implemented by the concerned authority.
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