Transfer of title /owner ship
shyam lal
(Querist) 26 May 2021
This query is : Resolved
I am the sole beneficiary of my deceased father.WILL(self acquired property)
As it is well settled legal position that a mere mutation in the revenue or municipal records does not create title to property nor does it divest any one of title to property.
Query , to which department should I apply on the basis of the WILL to confer the title /owner ship in my individual name.
kavksatyanarayana
(Expert) 26 May 2021
You can represent with a copy of the death certificate of your father to the RDO/SDO if the property is agricultural land if it is a house/vacant site then consult MPL Corpn./Mpl/Panchayat as the case be for mutation.
T. Kalaiselvan, Advocate
(Expert) 27 May 2021
The Will is called the transfer of the property by the testator to the beneficiary by a testamentary disposition.
Thus when the Will becomes enforceable in law, the property bequeathed in the Will shally automatically devolve on the name of the beneficiary and the beneficiary becomes the absolute owner with clear and marketable title to the property bequeathed through the Will.
The mutation of revenue records is just a formality to transfer the revenue records from the name of the deceased to the name of the beneficiary.
The mutation or the revenue records are not title documents hence you need not bother about any other procedure to transfer the title of the property to your name other than enforcing the Will.
Advocate Bhartesh goyal
(Expert) 27 May 2021
Yes, will is testamentary disposition , it requires no registration and the property bequeathed through will automatically devolves the rights on beneficiary and beneficiary becomes owner on basis of will Beneficiary can apply for probate also.
P. Venu
(Expert) 27 May 2021
The Will itself is the document of title. Testamentary succession takes place by operation of law. On the death of the father, the property is already vested with you even in the absence of mutation. In other words, mutation is a legal and logical corollary to such vesting.
Dr J C Vashista
(Expert) 28 May 2021
Except the Presidency towns (Bombay, Madras & Calcutta) will is not required to be probated if there is no objection from any one.
Consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding
