Mutation through Will

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 competent Civil Court. Probate can be granted only to the executor of the will. Probate of a will is necessary to transfer the deceased's property into the name of the beneficiaries. Probate is conclusive proof that the will was executed validly, is genuine, and is the deceased’s last will. The executor of the will is required to file a petition and the original will to the competent Civil Court having territorial and pecuniary jurisdiction over the suit property for a grant of probate. In the petition, the executor has to mention the names and addresses of the deceased’s legal heirs so that notice can be issued to them. The executor will have to pay the applicable court fees depending on the value of the property/assets. The court asks the petitioner to establish the testator’s proof of death, proof that the testator’s will has been validly executed and confirm that this is the deceased's last will. Next, the court calls for objections by issuing notice to the next of kin of the deceased to raise objections, if any, and also orders the publication of a citation of the probate petition on board to notify the general public. If there are no objections, then the Court grants the Probate/LOA to the executor. The cost of obtaining probate varies from state to state as the District Court grants it. In the absence of an original WILL, a certified true copy of the will obtained from the registry, can be treated as secondary evidence under applicable laws. At the time of obtaining the necessary grant of probate of the will from a civil court, the will of your deceased father(Testor) will be required to be proven by way of an affidavit from witnesses who had attested the will at the relevant time. Section 79 of the Indian Evidence Act, 1872 establishes a presumption regarding the genuineness of certified copies, provided there exists a law declaring such copies to be admissible as evidence. The Supreme Court's ruling in Appaiya vs Andimuthu@ Thangapandi & Ors. sets a significant precedent regarding the admissibility of certified copies in evidence, particularly in property-related disputes. This decision aligns with the principles of efficiency and accessibility within the realm of legal proceedings and safeguards the interests of litigants. So, the Executor of the will can file a petition for probate on the basis of the certified copy of WILL which is required to be proven by way of an affidavit from witnesses who had attested the will at the relevant time. Reach out to a local Advocate dealing with property matters where the suit property is situated for guidance and steps.

Dear client,

Since the original will is lost but you possess a xerox (photocopy) of the registered document, you can still pursue your claim to the property. A registered will has legal validity, and the photocopy can serve as a crucial document in your proceedings. It is advisable to apply for a certified copy of the original will from the registry office where it was registered. A certified copy carries the same legal weight as the original document, which can help establish your claim to the property.

Obtaining a Certified Copy
To obtain a certified copy, visit the local sub-registrar's office where the will was registered. Bring along identification proof (like an Aadhar card or voter ID) and complete the application form requesting the certified copy. You will need to provide details such as the registration number of the will and the date it was registered. Be prepared to pay a nominal fee for this service. Once you have the certified copy, you can move forward with the next steps in claiming the property.

Filing for Probate
After obtaining the certified copy, the next step is to file a petition for probate in the relevant civil court. Probate is the legal process through which the court recognizes the will as valid and grants authority to the executor or beneficiaries to distribute the assets according to its terms. In your petition, include the certified copy of the will, your father's death certificate, and any other required documents, such as proof of your identity and relationship to the deceased. The court may hold a hearing to ensure that all legal heirs are notified and have the opportunity to contest the will if they choose.

Property Mutation Process
Once you have successfully obtained probate or Letters of Administration, you can proceed with mutating your father's property in your name. To initiate the mutation process, visit the local revenue office or land registry office where the property is located. You will need to submit an application for mutation along with essential documents, including the certified copy of the probate order or Letters of Administration, a copy of the registered will, your father's death certificate, and your identity proof.

Once you submit the mutation application, the revenue department will verify the documents and may conduct a site visit to confirm the property details. Upon successful verification, they will update the land records and register the property in your name, after which you will receive a mutation certificate as proof of ownership. Given the complexities of probate and mutation processes, consulting with a lawyer who specializes in inheritance and property law is advisable. They can guide you through the legal proceedings, help prepare necessary documents, and represent you in court if required.