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Can I sell property using probate of Will
6 months ago
The property is registered on my father's name. He is deceased now. My mother has created a Will on my name and probate is done. Now as a beneficiary, can I sell the property using this probate of Will or do I need to register the property on my name first.
A.Dear Client,
The first step in transferring a property to a legal heir's name is to either get the will probated or get letters of administration (LOA). Probate is a court (competent court) certified copy of the will. It is done to determine the validity and authenticity of a will in the court. Once the probate of the will is done, the beneficiary will have to visit the office of the sub-registrar concerned with the relevant documents to get the property transferred in the name of the legal heir. A legal heir/beneficiary (as per the will) is required to submit an application form for transfer of ownership, a copy of the will, original property papers, death certificate of the property owner, ID and address proof of the legal heir and deceased property owner. The office of the sub-registrar will check the documents. The time taken in the transfer process depends on the correctness of the documentation. Once the sub-registrar is satisfied with the documents, the authorities will update the property records with the name of the legal heir/applicant concerned. At the end of the process, a legal heir should ensure that his/her name is reflected as the new owner of the property in the sub-registrar records and land revenue records, municipality records through the mutation process. Further, the new owner can apply for the transfer of the property certificate in their name. The document will help them to sell the property or take loans from a bank against it. Based on the devolution of property to the legal heirs/beneficiary through a link Deeds establish the authenticity of ownership or title of the property for smooth sale or transfer of title of the property to others.
The first step in transferring a property to a legal heir's name is to either get the will probated or get letters of administration (LOA). Probate is a court (competent court) certified copy of the will. It is done to determine the validity and authenticity of a will in the court. Once the probate of the will is done, the beneficiary will have to visit the office of the sub-registrar concerned with the relevant documents to get the property transferred in the name of the legal heir. A legal heir/beneficiary (as per the will) is required to submit an application form for transfer of ownership, a copy of the will, original property papers, death certificate of the property owner, ID and address proof of the legal heir and deceased property owner. The office of the sub-registrar will check the documents. The time taken in the transfer process depends on the correctness of the documentation. Once the sub-registrar is satisfied with the documents, the authorities will update the property records with the name of the legal heir/applicant concerned. At the end of the process, a legal heir should ensure that his/her name is reflected as the new owner of the property in the sub-registrar records and land revenue records, municipality records through the mutation process. Further, the new owner can apply for the transfer of the property certificate in their name. The document will help them to sell the property or take loans from a bank against it. Based on the devolution of property to the legal heirs/beneficiary through a link Deeds establish the authenticity of ownership or title of the property for smooth sale or transfer of title of the property to others.
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A.Dear Client,
As a beneficiary of the property with a valid probate in your name, you should be able to sell the property without transferring it to your name first. The probate serves as legal authorization for you to deal with the property according to the terms of the will. The potential buyers may require specific documentation related to the probate and the property to verify the authenticity of the sale.
As a beneficiary of the property with a valid probate in your name, you should be able to sell the property without transferring it to your name first. The probate serves as legal authorization for you to deal with the property according to the terms of the will. The potential buyers may require specific documentation related to the probate and the property to verify the authenticity of the sale.
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