Mutation of property based on unregistered will
2 months ago
I have a property in joint name with my mother. My mother has made a will to bequeath her share in the property in my name. The will is NOT registered. I have a brother. Can the mutation of property be done in my name without registration of this will?
A.Dear Client,
In the case of testamentary succession, the wishes expressed by the testator in the will take precedence, regardless of whether the will is registered. To transfer the property to the legal heir's name, the following steps need to be taken, involving either probate or letters of administration (LOA):
1. Probate or Letters of Administration:
- Probate is a court-certified copy of the will.
- Obtain probate of the will or letters of administration, as applicable.
2. Visit Sub-Registrar's Office:
- The beneficiary needs to visit the office of the sub-registrar relevant to the property with the necessary documents.
3. Application for Transfer:
- Submit an application form for the transfer of ownership.
- Include a copy of the will, probate order, or letters of administration.
- Provide original property papers, death certificate of the property owner, and ID/address proof of the legal heir and deceased property owner.
4. Verification and Approval:
- The sub-registrar verifies the submitted documents.
- If satisfied, the property records are updated with the name of the legal heir/applicant.
5. Verification of Records:
- Ensure that your name is reflected as the new owner in sub-registrar records, land revenue records, and municipality records.
By following these steps, the legal heir can complete the process of transferring the title or ownership of the property acquired through testamentary succession. Afterward, it is essential to apply for the mutation of the property to update the records accordingly. This ensures that the property is officially and legally recognized under the name of the new owner, the legal heir.
In the case of testamentary succession, the wishes expressed by the testator in the will take precedence, regardless of whether the will is registered. To transfer the property to the legal heir's name, the following steps need to be taken, involving either probate or letters of administration (LOA):
1. Probate or Letters of Administration:
- Probate is a court-certified copy of the will.
- Obtain probate of the will or letters of administration, as applicable.
2. Visit Sub-Registrar's Office:
- The beneficiary needs to visit the office of the sub-registrar relevant to the property with the necessary documents.
3. Application for Transfer:
- Submit an application form for the transfer of ownership.
- Include a copy of the will, probate order, or letters of administration.
- Provide original property papers, death certificate of the property owner, and ID/address proof of the legal heir and deceased property owner.
4. Verification and Approval:
- The sub-registrar verifies the submitted documents.
- If satisfied, the property records are updated with the name of the legal heir/applicant.
5. Verification of Records:
- Ensure that your name is reflected as the new owner in sub-registrar records, land revenue records, and municipality records.
By following these steps, the legal heir can complete the process of transferring the title or ownership of the property acquired through testamentary succession. Afterward, it is essential to apply for the mutation of the property to update the records accordingly. This ensures that the property is officially and legally recognized under the name of the new owner, the legal heir.
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A.Dear Client,
In the case of testamentary succession, the wishes of the testator of the will shall prevail even though the will is registered or not. 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-certified copy of the will. 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, a copy of probate order or letter of administration(LOA) original property papers, death certificate of the property owner, ID and address proof of the legal heir and deceased property owner. 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. So, in the given situation, you need to transfer the title or ownership of the property that you acquired through testamentary succession and then apply for the mutation of the property.
In the case of testamentary succession, the wishes of the testator of the will shall prevail even though the will is registered or not. 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-certified copy of the will. 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, a copy of probate order or letter of administration(LOA) original property papers, death certificate of the property owner, ID and address proof of the legal heir and deceased property owner. 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. So, in the given situation, you need to transfer the title or ownership of the property that you acquired through testamentary succession and then apply for the mutation of the property.
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