Subramanian.V (NA) 19 March 2018

Transfer of property

Hi experts,

One of my close relative died recently. He has one house & one land. He has written a will that after him the properties in his name will go to his wife. This is NOT a registered Will but signed with witnesses. His wife is alive.These properties are in Tamilnadu. They have one son & one daughter. I would appreciate if experts can clarify the following:

1.What is the procedure for transfer to the wife? Other than Death Certificate, what other documents are required?

2. Will the son & daughter be required to sign any document though the Will does not mention that they have any right on these?

Subramanian.V

vasusubram@yahoo.com

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1 Replies

R.Ramachandran (Advocate) 19 March 2018

Don't worry. The WILL need not be registered. Even an unregistered WILL is ok.

I think WILL is not required to be probated in Tamil Nadu. However, I am not sure about this. Pl. have this aspect checked up and verified from a Lawyer in Tamilnadu.

It will be enough if you can get the property mutated in Revenue Records based on the WILL. Probably, the Revenue Authorities may require NOC from the children of the deceased. If the NOC comes from the children, the matter will be very very easy. However, if the children refuse to give NOC , then you have to get the WILL probated by approach the appropriate Court.

Till such time the property gets mutated in the name of the Wife, please keep the Original WILL in a very very secure place. Even after mutation, the Original WILL is to be preserved and kept safe for all times to come.

If need be, use only photocopies of the WILL.