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Change of name in property tax records

(Querist) 04 September 2014 This query is : Resolved 
Hello Sir,

My grand father(expired 2 years ago) has
his own house in his village and has two daughter's, has written WILL for the Younger daughter to take the house.

He has settled some other property to the elder daughter.

Now for name transferring in property tax records of Grand father house to her Younger daughter, we have submitted Registered will and Death certificates of my grand parents

but in Panchayat office they are insisting for the registered document and Legal heir certificate.

pl clarify.

thanks,
Ram
Sudhir Kumar, Advocate (Expert) 05 September 2014
Panchayat is perhaps right.
Rajendra K Goyal (Expert) 05 September 2014
Either submit the documents required by them or file suit for court orders.
ajay sethi (Expert) 05 September 2014
obtain legal heir certifcate
malipeddi jaggarao (Expert) 05 September 2014
Obtain legal heir certificate.
Submit the copy of the will.
If possible obtain affidavit from elder daughter that she does not have claim over the property referred in the Will as he has been given her share of property and the Will is a genuine Will executed by their father.
Then Panchayat has to mutate the property in the name of younger daughter without any objections.
Ram (Querist) 05 September 2014
Dear Sir,

Thanks for the reply, in continuation with the above,
In case of registered will the legal heir certificate is not required

Is it right?

thanks,
Ram.
malipeddi jaggarao (Expert) 05 September 2014
There is no difference between the unregistered will and registered as to the effect of title. But Panchayat is insisting and without going to court, if you want to settle the matter, you can follow my above advice.
Raj Kumar Makkad (Expert) 05 September 2014
Will is not to be required as a registered document and Legal Heirship certificate is a very small process. Tehsildar issues such certificate on the basis of details of the legal heirs confirmed by Panchayat.
Sudhir Kumar, Advocate (Expert) 06 September 2014
well advised
T. Kalaiselvan, Advocate (Expert) 08 September 2014
Once the Will is not disputed, the action of Panchayat insisting on legal heirship certificate is unjustified, however if you want to close the issue at this level itself, you may comply with the said requirement or approach court for grant of probate of Will upon which you can get all the records changed on your name.


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