• Registered will execution - father to son

Hello,
My father had a registered living will giving me (son) plots from his plotted land. He passed away last month. What do I do with the registered Will in order to transfer the ownership of these plots from father's name to mine. 

Also, does plotted land need patta? The plotting of the land is approved by panchayat and the VRO at the mandal said that we would not need a patta as the land was already plotted by my father in the past. 

Lastly, I am an NRI so how best can I safeguard these plots in order to sell them in the future. 

I look forward to hearing from you. Thanks alot!
Asked 4 years ago in Property Law
Religion: Muslim

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15 Answers

Your father must have appointed executor of will

2) apply for probate of will

3) probate is judicial proof that will is genuine

4) then apply for mutation of plots on your name

5) best option is to sell the plots

6) since you are an NRI there is risk for plots being encroached upon . You would have to file eviction suit against encroaches

7) litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. Will whether registered or not has no value unless Probate is applied for from court with regard to the Will.

2. Once Probate is applied for and granted on that basis you can apply for mutation of those lands in your name.

3. NRI does not suffer from any infirmity as regards inheriting property from his predecessor .

4. once you mutate those lands in your name you will be free to sell those as well at any point of time as per your convenience.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since it is a registered will apply for transfer of name and mutation in revenue records, file an application of mutation before Revenue office along with the copy of registered will, id cards and death certificate. Further since there is no dispute and it is registered will probate is not required.

Since you stay out of india it is advisable to take pasta of land if already taken by your father apply for transfer of patta.

Further after transfer make a boundary wall around plots and put up notice saying that private property owned by you and trespasser shall be prosecuted.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir, if you are only one son to your father you have to apply for Pavathi Khatha by producing legal heirship certificate (Succession certificate) before revenue authority. If the self acquired property of your father, your father having rights over the said property as he like dispose, in your case your father was done WILL, on the basis you have to apply for Khatha transfer on your name, if any objection to said WILL, you have to get Probate from jurisdictional civil court. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Firstly, for the successful execution of the will, there must not be the gap of more than 4 months from the date of the demise of the person making will.

Secondly, as your father has gone for the journey of heaven last month only you have plenty of time for almost 3 months to execute it.

Thirdly, yes you do not need patta as it has already been acquired by your father.

Fourthly, it can be executed by way of POA.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) You can submit copy registered WILL to revenue registrar and get transfer of ownership done from your father name to on your name. By applying to registrar officer and submitting all documents like

a) Death certificate of your father.

b) Registered WILL.

c) Mutation Documents of land records.

2) You can sell plot in future by way of Special POA if you are staying at USA or whenever you visit in India at that time can sell this property directly.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Depending in which Indian state the property is situated, you will have to obtain probate for the Will (if there is an executor appointed in the Will) or letters of administration (if no executor is named in the Will)

2. Probating the Will is mandatory in Mumbai, Chennai and Kolkata. In other places your name can be mutated on strength of the Will itself. So you will have to inquire with the revenue authority about their requirement for mutating your name

3. If plotting is done that means the plot is demarcated and has a separate revenue record

4. You can give a power of attorney to a trusted person in India who can do the procedure of transferring the plot to your name on your behalf

5. If you wish to sell the plot then you can open a NRO account and for the sale transaction its advisable that you are personally present to seal the deal and receive payment consideration from buyer. You can appoint a constituted attorney for this procedure as well but its better to do it personally since money will exchange hands

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

You'll have to apply for succession certificate, as getting a probate of mandatory only in Mumbai, Chennai and Kolkata. If the property is in those state, you'll apply to for probate of will first.

After you get the succession certificate, you can apply for mutation of property in your own name, as you're the only son.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

You can also think about fencing your property, as plotting has already been done ,so as to curb encroachment which can happen since you are a NRI and there would be no one to twke care of the property.

Removing encroachment is a tedious legal process, it's advised that you secure your portion properly, also stating the name of the owner and a statutory warning to stop trespassing.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Fist of all based on he Will, you apply for mutation of properties by transferring the revenue records to your name.

You would be asked to produce a legal heirship certificate for this, which you can obtain from the same revenue office.

Once it is transferred to your name you can sell the inherited properties to anyone of your choice.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

First get mutation of the same. Where is your land in India?

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Dear Client ,

If plot is not situated in Mum, Kol, Mad, than on the basis of WILL, apply to authority along with death certificate to transfer ownership in your name in records.

Sale of property by NRI to Indian citizen, no hurdle.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. You can file a probate petition in the court;

2. Make sure there are no legal heirs of the land and if they are existent then take an NOC from them;

3. No you will not need patta since the land is already plotted;

4. Since you are an NRI execute a power of attorney in favour of somebody who will take care of the property on your behalf in your absence.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. You shall have to apply for and avail grant of probate of the will executed by your father bequeathing his plots in your favour.

2. Till probate of the will is granted it does not have any value more than a scrap paper. So, getting probate of the will is a must for you for claiming title of the said plots.

3. Thereafter, you shall have to apply for mutating the name of the owner of the property with the BLRO.

4. If Patta of the said plots have already been issued in favour of your father, you need not ask for the same again..

5. Get the said will probate, mutate your name and then engage someone to look after your property till the time you decide to sell it off.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can probate the will and can do mutation.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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