• How the property received through 'Will' to be sold ?

Sir/ Madam,

Can the property received by the son from his father or mother through the written 'WILL' can be sold directly by him by admitting the 'WILL' or should he transfer the property first to his name in order to sell the property to others ? 

If so, what is the procedure ? What are the registration charges/ any other changes for the same ? Are the charges fixed or vary depending on the value of the property ? I would like to know the maximum charges levied by the registrar for transferring the property as per the 'WILL' ?
Asked 5 years ago in Property Law
Religion: Hindu

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27 Answers

1.  The property can simply be transferred on the basis of the WILL and ONLY THEREAFTER, you can sell /transfer /gift /mortgage /whatever.... with the property, without any further reference to anybody.

2.  There is no stamp duty or any other charges that needs to be paid for transferring the property as per the will..

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Property should be transferred in his name then sold to third party 

 

2) apply for probate of will in district court . Court fees depend upon value of property 

 

3) thenaoply for mutation of property in your name 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Property first has to be transferred to the legatee named in the Will by execution and registration of transfer deed

If there is an executor appointed under the Will then he has to execute and register the transfer deed in favour of the legatee

The stamp duty and registration charges will be nominal as there is no consideration passing

Only on getting a registered transfer document in his name, can the legatee get a clear title to the property enabling him to sell it to a third party 

Yusuf Rampurawala
Advocate, Mumbai
7519 Answers
79 Consultations

5.0 on 5.0

if you have a registered will in your favour and nobody is challenging it you can very well go ahead with mutation and selling of the property.For probate of will you have to pay court fees, not stamp duty. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

First based on will the mutuation should be transferred to sons name then proeprty can be sold, you need to apply before the survey officer/mamlatdar/Tehsildar for mutuation of property based on will. On application the mamlatdar shall mutate property in your favour, mutation charges depends on state to state.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If it's correct time to execute the WILL than go and show in the registration office that property is given you in the way of WILL.

 

If the testers are not alive than you can execute the WILL by way of probation if any other legal heirs is challenging the WILL otherwise not you can directly visited in sub registrar office and transfer property on your name.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Hi,

It is suggested that you first get the will probate done and then sell the property. The will probate is done the court and thereafter the property will be transferred on your name.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. If taking Probate of the Will is mandatory in your state which is so in most part of India then you can not act upon the direction of Will.

2. So first apply for Probate and then you can proceed to sell it if you are beneficiary of the Will. To do this you need not get the property first mutated in your name.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Get the property transferred in the name of the son, in the revenue records, on the basis of this will. After this,the son can freely sell this property.

Thus, get the name of the son mutated on the revenue records. Approach the concerned competent authority to get this done. Mutation Fee varies state to state.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Transfer has to be done in your name first. It depends on value of property. The updated charges can be verified from sub registrar office

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

1. Although he is free to sell the property if there is a will in his favour, but ideally he should firstly apply for transfer of mutation of inheritance in his favour and then sell the property. Many prospective buyers refuse to buy the property if mutation is not done.

2. The registration charges would be known to only a local lawyer as these vary from place to place.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

First the title is required to be transferred to your name. A land can only be sold by the title holder. 

Stamp duty and other local charges can be told to you by some local advocate. 

You may get in touch with some local lawyer for the same.

Rwgards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Th e property so obtained must be transferred in your name by filing a probate and taking letters of administration. Then transferring the property in your name. Then you are the owner of the property and hence can sell the same.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Court fees for probate depend upon value of property 

 

it varies from  state to state 

 

mutation charges would be nominal 

 

 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Fee for transfer of immovable property in Andhra Pradesh is 0.5% (subject to a minimum of Rs.1000 and maximum of Rs.20000.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Contact a local lawyer to know the exact mutation fee. 

Quantum of mutation fee that you will end up paying will depend on the value/size of your property/

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Court fees and mutation fees both are different. Stamp duty is a State subject hence would vary from State to State.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Mutation fees is the transfer and Registration fees its depends on state to state to basis. Lawyer and court fees are different.

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

The Will itself is a proof of title to the property , however the buyer will be having all types of suspicion about the Will, hence you may better obtain a legal heirship certificate and get a NOC from other heirs, after that the property may be transferred to your name in the revenue records. Then you can sell the property freely.

There is no registration required, only the transfer of revenue records to be done. 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

The fee for mutation of revenue records can be enquired with the local MRO office, it will not be an exorbitant fee.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

The charges depend upon the price of the property and vary state waise.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It is advisable to obtain probate of will . Pay the court fees . It has to be proved that will is genuine 

 

 

then apply for mutation of property in name of beneficiary mentioned  in the will 

 

then sell the property 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

See property acquired through will son can mutate using the will and then same can be sold the mutation charges are not that high it is minimal. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If there is a Will and becomes enforceable by the beneficiaries, then there is no necessity to mutate the property and then sell, the buyer can get it mutated to his name directly based on the registered sale deed on his name and the NOC given by the sellers.

 

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

No it has to be first transfered in his name

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

I don't think any buyer would agree to buy from the legatee unless he has got a registered transfer deed and the property bequeathed to him under the Will has been duly transferred to him by the transfer deed

However if your buyer doesn't insist for a registered transfer deed, then you can sell

Only thing which the buyer needs to be careful about is that there is no opposition to the Will and all the legal heirs of deceased have accepted the Will by executing their respective NOC affidavits, or such legal heirs can join as confirming parties in the sale deed between legatee and buyer

Yusuf Rampurawala
Advocate, Mumbai
7519 Answers
79 Consultations

5.0 on 5.0

First you will have to get the same mutated on your name and thereafter you may sell the same. 

You will have to get the same mutated on your name first 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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