• Property heir after father's will

My father registered a will before his death and allotted one of his flat in pune on my name. I would like to sell the flat. Would like to know what's required to sell it off. Do I need get the flat on my name? Do I need to get any certificate?
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

Apply for probate of father will 

 

2) probate is judicial proof that will is genuine 

 

3) if there is no contest you should get probate in 6 months 

 

4) apply to society for transfer of flat in your name 

 

5) then sell your flat 

Ajay Sethi
Advocate, Mumbai
99870 Answers
8149 Consultations

Getting probate is not mandatory in Pune. You can proceed to sell the property on the basis of the will only. You also have an option of getting the property mutated in your name before selling it.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Dear sir,

Your father died with a Will and you are the owner by virtue of Will, You are the absolute owner of the property.  After getting mutation you can sell it to anybody.

Mutation is the change of title ownership from one person to another when the property is sold or transferred. By mutating a property, the new owner gets the property recorded on his name in the land revenue department and the government is able to charge property tax from the rightful owner

 

When you inherit a property the first thing you need to ensure is to get it transferred in your name. “If it’s a movable property, which may even include bank balances and securities, it should be transferred in the name of the beneficiary. Similarly, if it’s an immovable property, it should be transferred and mutated in the name of the beneficiary in the relevant government and/or revenue records depending upon the nature of the property," said Rajesh Narain Gupta, managing partner, SNG & Partners, a law firm.

But a property can be transferred only if you have substantial proof to claim your inheritance. “When a person dies leaving a Will, his executors are required to administer the property as per his wishes set out in the Will, provided the same are not contrary to law," said Bijal Ajinkya, partner, Khaitan & Co, a law firm.

 




Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hello,

  1. No, you don't need to gift it to yourself as it has been already willed to you by your deceased father. However you will need to get the Will probated through a court of law having jurisdiction and obtain the probate.
  2. The probate involves gathering all the relevant documents of the property, paying off of any liabilities left behind by the deceased father etc. You will need to engage a lawyer to get this done.
  3. Once the probate is done you can sell the Flat on the strength of the Probate that will prove your title to the property.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1. Well, check whether taking Probate of the Will is compulsory in your state or not.

2. If not then on the basis of the Will apply for Mutation of the flat and once that is done you can proceed to sell the flat.

3. Without mutation certificate as well there is no legal bar to sell the property. 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Yes you need to submit the death certificate and copy of the will to sub registrar office with noc of legal heirs. If probate is needed you need to submit probate too. No need to have it on your name to sell the same. 

Prashant Nayak
Advocate, Mumbai
34584 Answers
249 Consultations

Yes based on the will first ytou need to mutate the flat in your name after that you can sale same.

You need to file an application of mutation before the municipal authority and get same transferred in your name.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, you need the probate order from.court and can have flat on your name if you have other siblings. If you are alone than directly insert your name in flat and can sale it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

since u r the beneficiary and Testator has passed away, will can be acted upon so u can sell the property if it is vested in u.

In case the buyer shows any reservation then get the will probated. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

1. In terms of the will of your father you are the owner of the flat. Hence, you are free to sell it.

2. All that you need to do is convince the prospective buyer about your title to the flat, to which end he will demand the original sale deed of the flat, will of your father and his death certificate.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

First of all you have to get the Will probated from HC. You then move the registrar with the probate and get the property registered in your name.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Registered Will is valid proof of transfer of title in your name. On the basis of it, can sell the property. Hope all previous original documents are delivered to you.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

- Since, your father transfered that flat in your name by way of execution of WILL, hence you are the absolute owner of the said Flat , and further you have right to sell the same. 

- But, you may face some problem at the time of selling the said flat 

- Hence, you should enter the said flat in the record of Municipal Corporation after submitting application for Mutatiion .

- For mutatiion , you will have to produce death certificate of your father, copy of registered WILL executed by your father, and property tax payment receipt.

- It is very simple to mutate the said property in a single day or two , and get the certificate of Mutation from the authority. 

 

Good luck and dont forget to rating Positivlely.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

1.  BASED on the Father's registered will, FIRSTLY, have the property transferred /mutated in your name in the revenue /municipal records.  ELSE the property title will remain defective for for futuristic purpose of Sale /Gift/ Lease /Mortgage /Donate /Whatever ....

2.  Do the above via a proper application, notarized copy of will, affidavit, indemnity bond, no encumbrance /lien /mortgage certificate (as may be applicable).

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Yes you need to get the flat transferred on your name by use of that registered will. 

For that you can file a suit in court to probate the will and attach the order for transfer of flat to your name. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You may have to enforce the Will by applying for transfer of the revenue and municipal records of the flat to your name on the basis of the Will in your favor after which you will be eligible to sell the property.

T Kalaiselvan
Advocate, Vellore
90072 Answers
2500 Consultations

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