Property related quieries

The owner ( only owner/title holder) can dispose her/his self earned/acquired estate in her/his life time by  a valid/registered deed/WILL……………..

The WILL surfaces for IT’s operation after death of testator.

For a WILL to be effective IT should be valid and in accordance with provisions of Laws applicable to the WILL.

Then WILL has to be duly acted upon without any cloud on IT.

Has the WILL been found valid and duly acted upon without any cloud onIT!

Until then beneficiary has not become owner and can not sell.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if (valid) WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or ask to release advt . in newspaper inviting objection if any,………..and/or may write to legal heirs t submit objection if any, in a set time.

If NOC is submitted and/or NO objections are submitted then authority may transfer ownership in the name of beneficiary in mutation records.

If WILL is contested IT lands up probate court of pecuniary jurisdiction and court hall decide.

The authority shall update share as per provisions of WILL/probate/personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

The nature of property that devolves by valid WILL, duly acted upon without any cud on IT is ; self acquired.

The owner can dispose her/his self acquired property by a valid/registered deed  e.g; Sale Deed!