Will-Mutation
Querist :
Anonymous
(Querist) 01 April 2010
This query is : Resolved
Dear Experts of Forum,
A person from state of A.P , got the property through an unregistered Will.Can he assume that the property he got is by succession . If yes, can he ask Tahsildar ( M.R.O ) to mutate the same in Revenue records on his name by virtue of A.P Revenue rule,quote,
"As per section 4(1) of the Act, any person acquiring by succession, partition, purchase, mortgage etc. any right as owner, pattadar, mortgagee, occupant etc. shall intimate in writing his acquisition to the M.R.O. within 90 days from the date of such acquisition ". unquote.
If this is not proper way, What option he has to implement the WILL and get the mutation of the property ?
With regards and thanking you all in advance.
Raj Kumar Makkad
(Expert) 01 April 2010
Such person cannot claim the receipt of the property through succession rather the property has been transferred in his favour by way of gift. In this case, such beneficiary shall have to file a civil suit seeking probate of will means such will has to be established beyond any reasonable doubt in his favour within the framework of legal provisions and after getting it done, he can very well get the mutation recorded in his name.
Parveen Kr. Aggarwal
(Expert) 01 April 2010
Yes. A person getting property through will gets the same by way of testamentary succession. He can ask Tahsildar (MRO) to mutate the same in revenue records in his name. This is the proper way and mutation can be got sanctioned in the manner stated in the quoted rule.
adv. rajeev ( rajoo )
(Expert) 02 April 2010
Will comes into existence after the death of the executor. On the basis of the will you can claim your rights over the property by producing the xerox copy to the Tahasildar along with an application to mutuate the name.90 days limitation period is improper.
Raj Kumar Makkad
(Expert) 02 April 2010
An unregistered will is required to be first probated from civil court otherwise Tehsildar is not going to oblige you and change the ownership of the land in your name. There may be various objections on the part of all other legal heirs in this regard so as per procedure go to civil court first.
Querist :
Anonymous
(Querist) 02 April 2010
Dear Experts Raj kumar makkad , Parveen Kumar & Rajeev s vadrali ,
Thank you ALL, for your prompt reply.
But, Raj kumar makkad Gi, in A.P. State probating the will is not mandatary, if i am wrong please correct me !
Further, in the above will the testator ( Died now ) willed some of his property ( Ancestral ) to his Only Son and the balance property ( came to him through a Will )to his elder Daughter ( married ), ignoring four more younger Daughters ( All married & settled ) and his WIFE .
The property willed to his son is ancestral one and the property willed to his elder daughter is came to him through a widower (Died ), through a registered Will.
There is no dispute in the family.But, to avoid future problem (if any ), kindly suggest me the procedure , to be followed ( To make it pool-proof ).
With regards and Thanking you all in advance.
Deekshitulu.V.S.R
(Expert) 02 April 2010
There is no need to obtain a probate in A.P. for a will it is meant for metropolitan cities. Inyour case you can straight away produce the will copy and seek mutation
Parveen Kr. Aggarwal
(Expert) 03 April 2010
After getting mutation in terms of the will, all the legal heirs may record a memorandum ratifying and accepting the disposition made under the will with a specific recital that the other legal heirs have accepted the will without any objection and that the will is in accordance with the family settlement arrived at orally during the lifetime of testator.
anantha krishna n.v. Advocate
(Expert) 03 April 2010
what parveen kumar suggested is more than sufficient.
if the MRO objects to the unregistered will, which he is not supposed to, then file affidavits of these relatives in support of your claim. this will also seal all the issues related to this will.
