• Unregistered will

This is a follow up question. from Sankaragiri, Cuddalore
The lawyers suggest that I should get the inherited property mutated in my name in the revenue record. Does it mean that I should approach Taluk office to get the property transferred in my name and to get new patta no,? The will is duly attested by two person and I can produce death certificate etc. My question is whether the taluk office (revenue) does transfer of property based on unregistered will? Please tell me procedure for mutation of the property.
Property is in villages near by Cuddalore Tamilnadu.
Asked 15 days ago in Property Law
Religion: Hindu

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18 Answers

registration of Will is not even required

if the legal heirs of the deceased accept the Will as the true and last Will of the maker of such Will and make NOC affidavits, then that is sufficient

as additional due diligence, the taluk office may require to issue public notice in local newspapers to call for objections against the proposed mutation in your name 

Yusuf Rampurawala
Advocate, Mumbai
5707 Answers
35 Consultations

5.0 on 5.0

Yes.

Registration of WILL is optional and taluk cannot refuse to transfer property in your name on the basis of WILL.Copy of WILL and death certificate will submit with application of mutation.

Will can register by beneficiary.

Yogendra Singh Rajawat
Advocate, Jaipur
21355 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

You are suggested to approach the office and if they are not doing, you may go for the case of probate of the WILL. Please bear in mind that the unregistered WILL can also be probated. 

Ganesh Singh
Advocate, New Delhi
6450 Answers
13 Consultations

4.5 on 5.0

Yes, they will make the required transfers.

 

Rahul Jatain
Advocate, Rohtak
5314 Answers
4 Consultations

4.8 on 5.0

You should approach taluka office to get property mutated in your name on basis of will 

 

2) enclose death certificate 

 

3) if no objections are received mutation would be done in your name 

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

First you need to probate the Will from court and than perform mutation procedure.

Ganesh Kadam
Advocate, Pune
11579 Answers
109 Consultations

4.9 on 5.0

1. First take information whether taking Probate is compulsory in your state or not.

2. If yes then first apply for it and then go for mutation.

3. Otherwise on the basis of registered Will you can apply for Mutation before the issuing authority. 

 

Devajyoti Barman
Advocate, Kolkata
21564 Answers
311 Consultations

5.0 on 5.0

Yes they can do it with unregistered will as registration is not mandatory for will

Prashant Nayak
Advocate, Mumbai
22088 Answers
49 Consultations

4.4 on 5.0

Hi 

1) If all the legal heirs consent to the transfer of property in your name by way of written affidavit, then the Taluk office can mutate the records and include your name

2) Please note that mutation of name in revenue records does not confer ownership or title to the property.

3) Mutation in law means the person is responsible for payment of all taxes to government. 

4) All the legal heirs of the person  have to execute a registered settlement deed as stipulated under section 17 of Registration act and Section 54 of transfer of property act, for the property to be legally transferred in the name of beneficiary.

5) If there are disputes pertaining to the WILL, the beneficiary should file a suit for declaration of title under Order VI CPC on the basis of WILL and produce the witnesses to lead evidence as mandated in Section 68 of Indian Evidence act and obtain orders from the Court.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2028 Answers
374 Consultations

5.0 on 5.0

Title documents fall under two types: document conferring title and document evidencing title. In your case, the Will by itself confers title on you. In other words, you are entitled to the title and ownership of the property bequeathed by virtue of the Will. Whereas, the Patta and the land tax records are documents evidencing your title. The taluk office being the land revenue authority is the competent authority to amend your land records. Please approach the tahsildar and comply with the procedure.

Swaminathan Neelakantan
Advocate, Coimbatore
775 Answers
8 Consultations

4.9 on 5.0

- As per law, it is not mandatory to be registered a WILL , but there may be required of Probate the said WILL from the court . 

- Further , a WILL is not legal for the ancestral property , and having no legal value . 

- However, if you got a share in the ancestral property by way of that WILL  , then you can transfer the said property in your name on the ground of said WILL. Hence, you should check in the office of the Revenue. 

Mohammed Shahzad
Advocate, Delhi
5310 Answers
51 Consultations

5.0 on 5.0

Approach the Court and get the WILL certified as genuine. 

Regards 

G.Rajaganapathy

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

Firstly you may have to obtain legal heirship certificate of the decesed containing the names of all the legal heirs/successors in interest to  succeed  the estate of the deceased.

After  that you may have to obtain the NOC from other legal heirs in your favor  and attach the same along with the application requesting mutation of revenue records along with the copy of the death certificate, Will and the legal heirship certificate

 

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

on the basis of will in taluka office they will mutated property in your name . 

an unregistered will that has been properly executed is a valid instrument in the eyes of law.

Mohammed Mujeeb
Advocate, Hyderabad
18689 Answers
11 Consultations

4.5 on 5.0

Dear sir,

I read your last question wherein you have stated that your wife has left an unregistered will in your favour. 

And that you want to make a will in respect of that property to your children. 

Now, instead of first mutating the entire property in your name and then making another will, pursuant to which your children will again have to get the names mutated in their names. You can simply hide the will of your wife in you eventually want the property to go to your children. 

According to law of succession, if a female dies without making a will (if you don't disclose  the will it's  as good as she passing away without a will), her property automatically devolves upon children and husband. 

Now you can make a new will in respect of the share inherited by from your wife and get it registered, or even if you don't make a will, the property will automatically be pass on to your children in case your mother is not alive. 

So after your demise, the children will end up getting all the property of their mother including the share allotted to you at once without having to go through all legal hassles multiple times. 

It might be a little complicated to understand as the laws of succession are involved. You can contact me or any other lawyer through this website for a detailed explanation. 

 

Agam Sharma
Advocate, New Delhi
533 Answers
4 Consultations

5.0 on 5.0

You need to produce the copy of your Will alongwith death certificate of the Testator / Testatrix, alongwith your documents viz., Aadhar Card, PAN Card, Voter ID etc., as desired by the Official.

Alongwith the above, you need to make an application for carrying out mutation in the Revenue Records as prescribed by the concerned office.

Procedural part varies from state to state since it is state subject.  It is better you take help / assistance of local Advocate for complying with procedural part.

S Srinivasa Prasad
Advocate, Hyderabad
2818 Answers
9 Consultations

5.0 on 5.0

1. Yes you need to approach taluk office for transfer of patta on your name. 

2. Yes because registration of will is not mandatory as per registration act If signed by two witnesses at time making the will. 

Mohit Kapoor
Advocate, Rohtak
10582 Answers
7 Consultations

5.0 on 5.0

You have to visit the tehsildar office and prove your credentials ie that you are the heir. The mutation will be done. Engage a local lawyer.

Rahul Mishra
Advocate, Lucknow
11500 Answers
20 Consultations

5.0 on 5.0

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