There is a hindu family. The father lives in a house along with his three sons( all 3 married and having children). Its a three floor house and currently owned by the father himself. The father has now registered a legal will stating that after he passes away(god bless him with long life) this house will be in the name of his 3 sons, each having 1/3rd share. After father's demise ,the will enables the sons to register their individual floor against their name, so that they can sell/rent their own portion. Please tell.
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1)on demise of father apply for probate of will
2) apply for mutation of property in name of 3 sons on basis of the will
3) enclose father death certificate
4) proof of payment of property taxes till date
5) if no objections are received mutation would be done in name of legal heirs
6) sons can sell their portion of house if they so desire
If the Will is enforceable then the beneficiaries subsequently acquire the property and apply for mutation and transfer the revenue and other records unto their names.
In addition to 3 floors there is roof also, can the registry be done stating the floor number and 1/3rd portion of the roof ?
roof forms part of common areas for benefit of all members
you can mention that you have one third share in roof as there are only 3 co owners of the house
If the roof right is common for all the shareholders, then the same may be mentioned in the partition deed itself about the common roof rights to all the shareholders so that any dispute in future in this regard may be avoided.