Mutation of property
raokn
(Querist) 07 October 2014
This query is : Resolved
DEAR SIRS,
I RECEIVED PROPERTY THROUGH WILL EXECUTED BY MY FATHER WHO EXPIRED IN AUGUST 2014. I HAVE TWO QUESTIONS:
1. WITHIN IN HOW MUCH TIME I MUST GET IT TRANSFERRED IN MY NAME-IT IS A PROPERTY FETCHING RENT.
2. I AM FROM VIZAG,AP,-WHAT IS THE PROCEDURE FOR MUTATION OF PROPERTY INTO MY NAME? DOES A LEGAL HEIR CERTIFICATE FROM TASHILDAR IS SUFFICIENT AS IT IS THROUGH A WILL?
THERE ARE NO LEGAL ISSUES TO THE PROPERTY CONCERNED.
ROHIT SHARMA
(Expert) 07 October 2014
1. The if the Will document is registered then along with the legal heir certificate issued by the Teshildar you can have the mutation done in the record of rights of such property.
2. If the Will is not registered then the probate of the Will is required. For that you will need to file a civil suit u/s 276 of the Indian Succession Act, 1925 before the District Judge where the property is located and seek letter of administration after the Will is probated. You will need the legal heir certificate to file such suit.
3. Since as you say there would no legal issues and the Will is not contested then the Probate proceedings would not take much time.
Rajendra K Goyal
(Expert) 07 October 2014
Apply to the concerned authority with the copy of the will and death certificate of your father.
M V Gupta
(Expert) 10 October 2014
As u have got the property under will executed by ur father, u have to get the will probated first to prove the authenticity of the will. Otherwise the collector / the Tahasildar may not accept an un probated will. If u do not want to rely on the will u have to produce heirship certificate for the purpose. Once the will is probated there is no need to produce heirship certificate.
T. Kalaiselvan, Advocate
(Expert) 13 October 2014
In my opinion, you move an application before the local revenue authority to mutate the property in your on the strength of of the valid Will and death certificate of your father, if they ask you to fulfill other legal formalities namely probate etc., you can comply with them accordingly and get your property mutated on your name subseqently.
