Transfer of land by will

No stamp duty is required to transfer a property by way of Will.

Hi Archana,

If I am not wrong the property "can't be transferred" in case of will. At the most one can go for "mutation in MCD records" but in no way the property can be "transferred" on the persons name mentioned in will, even in case of registered will.

pl. let me know if I am wrong and any way it can be "transferred" on the name of the person mentioned in the registered will or will the property be always in the name of original owner and only the mutation can be done.

Can one go to the Sub-registrar office with the registered will for the "transfer of land" for a name change and no stampduty will be asked in Delhi ???

thanks

Mercy

Property is transferred by way of Will to the beneficiary of a valid Will without any stamp duty. Mutation entry will be effected on the basis of the Will which will show the transfer of ownership.

In Delhi, Madras, WB and Mumbai probate is first required to be obtained in order to transfer the property to the beneficiary of the Will, which will require stamp duty as per the valuation of the property. In other places probate is not mandatory, hence no stamp duty is necessary.

Hi Archanaji,

After replying to you I checked the mutation paper (by MCD) of one of my friend. This mutation was done on the basis of a Registered Will (as required by MCD "refer MCD website"). Now the question I have is, will this "Mutation Paper" handed over by MCD to my friend means the "transfer of title".

Another thing is that I googled and found the "Probate of Will" (Registered Will) is not a MUST/MANDATORY or REQUIRED in DELHI. But one can say it will be better to get it probate to get rid of any future problems (if any). But again one don't prefer to go for Probate is because of 4-5% probate fee/stamp duty.

Since you are a lawyer and I am not, pl. correct me if I am wrong.

Archanaji I will appreciate if you will answer to one of my doubt which is ....

If  a Registered Will is there with "A" and the other legal heirs "B" want to go the other way against the Registered Will. In this case what is the RIGHT and LEGAL way to go. 

Can "B" go for a "Partition Suite" to save money (stamp duty) or "B" have to go and apply for "Probate" is the required Court (since Registered Will exist).

thanks

Mercy