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indrajeetrai (Software engineer)     30 May 2012

Property registration for bequeathing property

 

Hi,
 
My Parental Property is not yet Registered but we have a "Will" that specifies who has to get what Property.
So, in case, I would like to sell my part of property, would it still be mandatory for us to register the property before sale or "Will" is enough for this sale.
 
This Property is in Madhya Pradesh.
 
Thanks
INDRAJEET


Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 May 2012

The Indian Succession Act, 1925, applies to all persons in India except Hindus, Sikhs, Jains, Buddhists andMohammadens. However, the Act applies in part to Hindus, Sikhs, Jains,and Buddhits, subject to the limitations contained in Schedule III thereof. Part VI of the Indian Succession Act,1925, relates to law of Wills. The provisions of Part VI which applies to Hundus, Buddhists, Sikhs, and Jains are eunumerated in Schedule II to the Act. The provisions of Indian Succession Act do not apply to Muslims.

By virtue of Section 30 of the Hindu Succession Act, 1956, a Hindu, Buddist, Sikh or Jain may execute a Will in accordance with the provisions of the Indian Succession Act. It is therefore  necessary to know who are Hindus. etc.

adv. rajeev ( rajoo ) (practicing advocate)     30 May 2012

On the basis of the file an application to enter your name to the property, after that you can ssell the property

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 May 2012

If you are to become owner of the property to a certain extent as per the Will. It does take effect on the death of the person from whom you getting the property, after that you can dispose of your share, however obtaining a probate (authenticated - will pushed into effect) from a court and then mutating - is a more preferable option !


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