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cervantes62 (CA)     18 August 2011

Effect of probate

My father in law was allotted some land for building  a house by the municipality on long term lease of 999 years. He constructed the house and expired in the year 2006. We are 3 beneficiaries under a will executed by my late father in law. The will has been probated but the property has not so far been mutated.Does probate of the will not confer ownership rights on the beneficiaries. Does it necessarily have to be mutated to gain ownership rights .Have all the 3 beneficiaries got to apply for mutation simultaneously or can an individual beneficiary apply for mutation of his own part of the property separately



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 2 Replies

Shastri J.K. (Practice in The High Court of Chhattisgarh)     18 August 2011

U all or any one can file application for mutation .

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 August 2011

Your father in law got only lease hold rights. Not ownership.

Revenue records will stand in the name of owner, ie in the name of municipality.

under WILL you can get only lease hold rights, ie, what your father in law had.

No mutation of records can be done legally.


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