Can i sell a property based on my registered will without mutation.

In response to your query,

To execute a Will there is a proper procedure, if you want mutation of the property on the basis of a registered Will then you will have to file a case to execute that will and your legal heirs have to give no objection in the court. Once all that is done, only then the court will grant to letter of administration.

Documents required- Copy of Sale Deed, Application for mutation with court fee stamp affixed, Indemnity bond on stamp paper of requisite value, Affidavit on stamp paper, and Receipt of the up-to-date property tax payment.

The property can simply be transferred on the basis of the will and only after that, you can sell /transfer /gift /mortgage the property.

Even as property registration is mandatory in India, the mutation is not legally enforceable. A mutation is, nonetheless, important, since it guarantees that all records related to a property are updated with the government. This enables an owner, without a doubt, to sell his property.

Regards,

Aryan Raj

The property can simply be transferred on the basis of the will and only after that, you can sell /transfer /gift /mortgage the property.

 

^^ Cant understand above lines sir.. My father was died, so, as far as now, according to the registered will drafted by my father. Does the property belongs to me. Does i am the property owner according to the will. As the properties are my father's self earned property.

My elder brother residing in that property says the will is void, as he is staying there for 15 years.

But in the will registered, my father clearly wrote, the property solely belongs to me and i hav the right to sell, or lease or rent the property as my wish after he dies.

Now can i sell that property?

Till then, can i have the right to collect rent from my brother for that property?

Thanks for ur reply sir!

Dear Raju,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is YES. Mutation of property is compulsory.

If you are bequeathed a property through a registered will, you may use that will to mutate the property to your name to establish the ownership of that property. Mutating a property is essentially entering the name of the owner into the records maintained by the government, mainly for the purposes of revenue.

Although the Supreme Court clarified in the case of Sawarni v. Inder Kaur (1996) that the mutation of property does not create or extinguish any title over the property or has any presumptive value of the same, it is still necessary to mutate a property after its registration to keep the details of the property in the government records up to date.

Having your name on the mutation records is also necessary to sell the property. Therefore after mutating the property to your name, you may choose to sell it through a sale deed.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil