Transfer of property of deceased owner
Querist :
Anonymous
(Querist) 20 June 2023
This query is : Resolved
Hello Sir,
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 .
With the help of the will and death certificate of my father and death certificate of my mother i have my name in the property tax .
I have been advised that i should also get the sale deed transferred in my name to avoid any complication in future.
Since I have the registered will and i am only the child and beneficiary :
1. will i have to pay nominal stamp duty or pay stamp duty as per the prevailing govt rates ?
2. Is any other type of certificate needed or i need to just approach sub registrar office of my area for the transfer of sale deed in my name?
Regards
K Rajasekharan
(Expert) 20 June 2023
No sale deed is required as some advised. Will itself is a document for property transfer.
The Will itself transfers the title of your father to yourself, instantly at the time of the death of your father. The Will has the force of law as a valid statutory document.
Therefore, the death certificate and the Will would be needed, other than some subsidiary documents, to get the land tax/ property tax transferred to your name.
kavksatyanarayana
(Expert) 20 June 2023
Yes. I agree with the views expressed by the senior expert Sri K.Rajasekharan Sir.
Advocate Bhartesh goyal
(Expert) 20 June 2023
Yes, your father's will gives you the absolute ownership/title of your deceased parents property. On basis of said will,you can get mutated the property on your name in Govt record ( Nagar Nigam or Pune Development Authority).You have to pay no stamp duty and no registration of sale deed is required.
T. Kalaiselvan, Advocate
(Expert) 20 June 2023
Your father transferred his property t your name by testamentary disposition, i.e., by a registered Will.
You will become an absolute owner of the property with clear and marketable title from the date of the enforcement of the Will.
As you have already transferred the revenue records to your name, there is no necessity for you to go for any registered deed to transfer the property separately once again on your name.
You do not have to do anything on it except to transfer all the other records to your name on the basis of Will and the death certificate, also stop allowing others to misguide you in this manner because the people who advised you in the manner are ill knowledge people.
Querist :
Anonymous
(Querist) 22 June 2023
I thank Experts , Shri K Rajesekharan , Shri Kavksatyanarayana , Advocate Bhartesh Goyal and Advocate T. Kalaiselvan for the advice given to me. It has helped me to get a very clear idea to my query .
I have one more query and your advice is again needed.
1. the property has got transferred in my name because of my fathers registered will. I will be making my own registered will . In
this will i want to mention that in case i happen to die early i want that the property owner will be my wife and in case she
happens to die earlier than me than the property will be owned equally by my two daughters.
The question is can i write in the will as mentioned above or since I have not purchased the property on my own but inherited
the property claim will be equal between my wife and two daughters.
2. I also want to understand than after my death what procedure my wife or daughters need to follow so that being women they
are not misguided and they have very less problems to face.
Thanking you again for your support.
K Rajasekharan
(Expert) 22 June 2023
Since the properties substantively belongs to both of you, both of you can write a joint Will stating that the survivor will become the owner of the property with no right to alter the Will, and on the death of the survivor the property will be of two children.
In such a Will, the survivor will not have any absolute right, but has to hold the property till her/his death and it will reach the children who can get it divided amoung then by partition.
T. Kalaiselvan, Advocate
(Expert) 25 June 2023
1. Even though you inherited or succeeded the property operating testamentary succession, the property so acquired would become your self acquired property, hence as an absolute owner you can transfer the property to anyone and in any manner that you desire there is no legal infirmity in it.
2. Whether women or men the procedures are common for all the genders.
Once the Will comes to force, then on that basis the beneficiary shall apply for mutating the revenue records in her favor and get all other records transferred to her name, this will confer absolute title to her name
Querist :
Anonymous
(Querist) 07 July 2023
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 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) 08 August 2023
For your queries:1.No. 2. Yes. You shall apply to the Revenue authorities to enter your name by enclosing a copy of the Will, legal heir certificate of your parents and death certificate of your parents. 3. Not necessary for transfer deed. 4. Enclose a copy of the revenue record when and as entered your name by the revenue department. You shall apply to SDO/RDO/Jt.Collector for the same.
