Transfer of name in index 2
Querist :
Anonymous
(Querist) 07 July 2023
This query is : Resolved
My father and mother jointly owned a property in Pune , Maharashtra and as per religion we are Jain. My mother died in 1998 and my father died last year and I am the only child. My father had made the registered will according to which I am the executor and beneficiary of the will and the only child .
As per the experts (on this website )advice I was informed that there is no need to transfer the sale deed in my name .
In Maharashtra we also have additional document , Index 2 which is a legal certificate that states all the details of property registration, along with the necessary documents submitted at the Sub-Registrar Office (SRO) for records.
My queries are as follows.
1. will it be possible to get my name entered in Index 2 without having sale deed transferred in my name? Because without have my name entered in Index 2 i cannot have my electricity bill transferred in my name .
2. When we say revenue records does it mean online records or index 2 ? can i get the name changed in revenue records without having sale deed transferred in my name.
3. In my situation the transfer of sale deed is not permitted or as per the advise of the experts that it is not needed was due to the reason that i will have to pay the stamp duty again which will be a unnecessary burden on my pocket.
4. In case i cannot have my name entered in index 2 than what alternative procedure i should follow to have name change in electricity bill.
Thanking you in advance.
kavksatyanarayana
(Expert) 07 July 2023
In the Index of the Sub Registrar's office, your parents' name was entered. You have to obtain a legal heir certificate of your parents from the Tahsildar and a death certificate from the concerned authority and submit to the authorities both the local body( Mpl. Panchayat etc) and electrical authorities to enter your name instead of your parents.
T. Kalaiselvan, Advocate
(Expert) 08 July 2023
As per Section 55 of the Registration Act 1908, Index II or Index 2 is a legal certificate that states all the details of property registration, along with the necessary documents submitted at the Sub-Registrar Office (SRO) for records.
1. Since the property has been inherited / acquired through Will, there is no necessity to get it registered to your name.
2. Yes you can get the revenue records with your name without any registered document.
3. A transfer or sale deed will be executed by the owner to the buyer/beneficiary, in your case there is no one to execute the deed, hence do not complicate simple things by thinking about unnecessary procedures.
4. It is pertinent tht you get the property records transferred to your name in the revenue records after which you can proceed with other name transfers
Dr. J C Vashista
(Expert) 08 July 2023
Execution of a will stated to have been executed by your father and issue of sale deed are two different issues, which one of these two is to be considered for forming opinion and advise ?
Will has to be probated in Bombay.
P. Venu
(Expert) 16 July 2023
Admittedly, you are the only legal heir to your parents. With their demise, the property already vested. All that is required to done is to carry out the mutation in public records on the strength of the death certificates as well the legal heirship certificate (if required under the extant procedure).
With the demise of the mother, the father's will is only academic significance.
Your concern over Index II is quite misplaced as the provisions of Registration Act applies only in cases of transfer of property by the act of the properties, but not in respect of devolution or inheritance of property by operation of law.
