Change of name in municipal records and declare new owner

If the deceased owner has left a valid WILL then it is to be submitted to the authority e.g; MC, under whose jurisdiction property falls.

It is simple procedure and has simple forms,usually NO fee.

Check with O/o Authority.

If the WILL is contested probate may be required.

Your own counsel can update you on expenses.

Sir, Thanks for your reply.

Property is in the name of deceased owner's husband and in a single case under deceased owner's father-in-law. Both male passed before deceased owner and will was executed by landlady who became deemed owner by virtue of Hindu law.

My question is how can I get link document OR new papers of property in present owner's name ? Can mutation by concerned municipal authority be used to prepare new set of documents in the name of new owner ?

Your query is  not drafted properly so as to convey a clear message.

Better show all docs on record to a very able counsel specializing in revenue/family/property/civil matters for a considered opinion.

The mutation record, link dcouments can be obtained from concerned office/officer e.g. Patwaari.

Generically speaking:

If husband was owner and was Hindu;

Then if the property was self acquired and valid WILL was left then beneficiary as in WILL shall get the property. The certified copy of the WILL is to be submitted to the authority e.g; MC, under whose jurisdiction property falls.

If the property was self acquired and valid WILL was left, but the beneficiary as in WILL died before owner then ClassI legal heirs i.e mother wife and children shall get equal share in the property.

If the property was self acquired and NO valid WILL was left, then ClassI legal heirs i.e mother wife and children shall get equal share in the property.

Classi legal hiers may submit death certificate, legal heir certificate/affidavit etc  to the authority e.g; MC, under whose jurisdiction property falls.

Sir - I my case this is applicable
"the property was self acquired and valid WILL was left then beneficiary as in WILL shall get the property. The certified copy of the WILL is to be submitted to the authority e.g; MC, under whose jurisdiction property falls."
As this gives me path forward to proceed further.. I have further question. Will is unregistered and signed on a stamp paper. If I approach with copy of will to Dist. Registrar, they say change of title can be done by paying fees of 1.5% on mkt value which will cost too much for me.

Second if I approach MC for mutatation, this will lead to change of name in MC records but title shall remain same in Land register with Dist registrar.

Now my questions is

• what is the benefit of getting title change in registrar by way of settlement deed/ gift deed while going for inheritance of property ?
• Is is sufficient to mutate the name of new owner in MC records to ensure that title is clear ?
• Merely after mutation shall the new owner become elgible to mortgage/ hypothecate/ sell property and shall not raise any concern/ objection by banks when any kind of financial assistance is sought ?

Please guide.. thanks a lot for your time and valuable info.
 

If the deceased owner has left a valid WILL then it is to be submitted to the authority e.g; MC, Revenue Official e.g; patwaari, under whose jurisdiction property falls.

The O/o  Authority is under obligation to provide forms/procedure to such transfer of title.

Unrgistered WILL is also valid. Valid WILL confers ownership.

Unrgistered/registered  WILL can be contested.

If contested WILL may have to be probated.

Better show all docs on record to a very able counsel specializing in revenue/family/property/civil matters for a considered opinion.

If you are unable to resolve on your own, your counsel can opine on valaidity of WILL, all possible options, remedies.