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nlr (na)     15 December 2021

Slightly ambiguous will deed

My mother passed away recently leaving behind a registered will regarding two houses she acquired and built with her own salary income. My sister and I are the beneficiaries for each of the houses. Each house has two floors with separate door numbers example x and x/1. She documented her will saying x will go to Daughter A but nothing was mentioned about door number x/1. Same has been written for the other house too. ie. y will be inherited by Daughter B but nothing was mentioned about door number y/1. Property tax is individual for each floor/door number. We applied to the municipality for transfer of title but they are saying that while door no x and similarly y can be transferred, x/1 and also y/1 cannot be. What should we do now? My sister and I are on good terms and willing to sign the required documents so she has her house and I have mine. We are located in Hyderabad.


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 3 Replies

Aryan Raj   15 December 2021

In response to your query, this maybe helpful;

If there is a Will, the transfer process is more easier, as long as the Will is not challenged. The executor will handle the transfer on behalf of the Will's beneficiaries.

The property is dispersed according to the applicable succession laws in the absence of a Will. If the situation is amicable, legal heirs might also decide on asset allocation among themselves.

After the distribution is complete, heirs might draught a family settlement document that each family member signs and then register for official records.

You must apply for a property transfer at the sub-office. registrar's The ownership documentation, as well as the Will with Probate or the Succession Certificate, will be required.

If there is no Will and the legal owner died intestate, the legal heirs will be required to file no-objection certificates, which will vary depending on the settlement. It should be noted in the transfer paper if the beneficiaries pay other legal heirs to receive their shares.

Beneficiaries must also file for a title mutation after registering. Of the revenue records, it represents the change in ownership. It should be done at the municipal office where you live. The property tax will be in the name of the new owner after the mutation is completed.

Regards,

Aryan Raj 

G.L.N. Prasad (Retired employee.)     15 December 2021

Contact a local advocate and get a settlement deed drafted and get the same award status through Legal Services Authority, and get it indexed with Sub Registrar.

P. Venu (Advocate)     16 December 2021

Who are the legal heirs to your late mother? Is there anyone else other than you and your sister?


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