Settlement deed
vwxyz@rediffmail.com
(Querist) 19 December 2012
This query is : Resolved
A settlement was written in a plain green paper and before registering it the person admitted in a hospital and finally died. Can this be registered now and if yes what are the other documents required.
ajay sethi
(Expert) 19 December 2012
settlor has to remain present . if he is dead it cant be registered now
vwxyz@rediffmail.com
(Querist) 19 December 2012
Dear sir , thank you for your reply. There is also a will written a l few days before writing settlement in the same lines . the will is witnessed by two persons. however to avoid any difficulties it was planned to register a settlement , which could not be done. for information the will earmarks the different properties to different sons & daughters clearly. now can we proceed to mutate the names in land records directly or should we still get a succession certificate.or should we get probate also. will there be any charges for mutation of names.
ajay sethi
(Expert) 19 December 2012
if you are in mumbai you need probate of will . you dont need succession certifcate .
vwxyz@rediffmail.com
(Querist) 19 December 2012
Thanks, I am in chennai. What is the procedure here to be followed with the unregistered will sir?
ajay sethi
(Expert) 19 December 2012
you will need probate .
Raj Kumar Makkad
(Expert) 19 December 2012
You shall have to get the will probated and settlement deed is also binding to al concerned, if the same is witnessed by independent persons.
vwxyz@rediffmail.com
(Querist) 21 December 2012
Thank you for your advise. Now In case of agriculture lands [ not in chennai city limits] is it necessary to go in for probate or what is the procedure to name change in patta. the unregistered will covers this landed properties also.
ajay sethi
(Expert) 21 December 2012
contact local lawyer in chennai
Raj Kumar Makkad
(Expert) 21 December 2012
As the will is unregistered so even if for the agricultural land situated outside the limits of Chennai, the same is required to be probated.
