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Property - mother died leaving a registered will through registrar office Property - mother died leaving a registered will through registrar office

4 months ago

We are three sons and 2 sister, mother died leaving a registered will through registrar office, we 5 legal heirs applied and got a legal heir documents...my question is.. do I go for mutation if 4 of my bro and sis is not willing for mutation. And I want the mutation done and whatever mentioned in my name can be registered according to the will ..
Pls suggest

Legal Counsel Vidhikarya

Responded 4 months ago

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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) from the Court. 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.
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Anik

Responded 4 months ago

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A.Dear Client,
If your mother left a registered will and you've obtained legal heir documents, you have a legal standing in the matter. However, the willingness of other siblings for mutation can impact the process. Generally, mutation involves updating the land records to reflect the current ownership. If your siblings are not willing to cooperate, it might result in complications during mutation. You may consider discussing the matter with your siblings, explaining the legal implications of the will, and trying to reach a consensus. If consensus remains elusive, seeking legal advice and potentially involving legal authorities may be necessary to ensure a smooth mutation process as per the details mentioned in the will. Keep in mind that legal proceedings might take time and involve costs. Consulting with a lawyer would be beneficial to understand the specific legal steps to follow based on your situation.
Thankyou
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Kishan Dutt Kalaskar

Responded 4 months ago

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A.Dear Sir,
You have to manage to get it mutated in your name as per Will otherwise legally you have to get Probate from Civil Court on the said Will which will take 8-16 months.
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