• Unregistered Will written | Deceased father | Property Mutation

I have an unregistered will in the name of me written by my father. The will is unregistered and is signed by 2 witnesses. My mom and 3 other siblings all living outside India including me (all in US and UK) . The unregistered will doesn't have a mention of my Mom nor Siblings on the property will: 
1) Will unregistered will suffice to mutate the property on my name ? 
2) What additional evidences or documents are needed coz this is an Unregistered Will.
3) Can I give General Power of Attorney (GPA) to a relative to sell the property or wait until the Mutation is complete?
Asked 7 months ago in Property Law
Religion: Hindu

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11 Answers

1. Registration of WILL is not compulsory. Even an unregistered WILL will have the same legal validity as that of a registered WILL. So, if the unregistered WILL mentions your name as the beneficiary of your deceased father's property, then it will be sufficient to mutate his property in your name.

2.  The documents needed for mutating your name against your deceased father's property are death certificate of your father, WILL, family tree, sale deed and khatha/patta certificate.

3.   It would be legally correct to sell the property to a prospective buyer only after your name is mutated against the property in the jurisdictional revenue records.  After mutation has been done in your name, you can appoint through POA preferably,  one of your blood relatives as Attorney/Agent to sell the property on your behalf.

Shashidhar S. Sastry
Advocate, Bangalore
4356 Answers
258 Consultations

5.0 on 5.0

You have not specified whether your father has mentioned any executor in his WILL. So assuming, that no executor has been mentioned in his Will, and that you are the only beneficiary mentioned :

1) Yes, mutation of property can be done on basis of an unregistered Will. To execute the Will on the basis of an registered Will, you will have to file a suit in Court applying for a Letter Of Administration to execute that Will and your father's legal heirs have to give a no objection in the court. Once that is done, only then the court will grant to letter of administration. In case any executor has been mentioned in the Will, then the executor of the Will would need to get a Probate from the Court.

2) You would need the following documents for the mutation :

- Copy of Will
- Copy of Letter of Administration / Probate
- Application for mutation with court fee stamp affixed
- Indemnity bond on stamp paper of requisite value
- Affidavit on stamp paper of requisite value
- Receipt of the up-to-date property tax payment

3) You would be able to give GPA to any relative only after the mutation is complete.

Indu Verma
Advocate, Chandigarh
60 Answers
8 Consultations

5.0 on 5.0

1) you have not mentioned where the property is situated 

 

2) probate is mandatory in Bombay , Calcutta , madras 

 

3) if property is situated in other cities you don’t need probate and can apply for mutation of property in your name 

 

4) you need  consent affidavit of other legal heirs 

 

5) latest receipt of payment of property taxes 

 

6) death certificate of deceased father 

 

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

 

8) you need mutation of property to be done in your name before sale of property 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1. Yes. 

2. Will is not Mandatorily Registrable under law

3. You can sell it now also by GPA & sale deed

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1. A Will whether registered or unregistered  is legally valid to acquire the property bequeathed in the said Will.

2. You may have to submit an application to the Tehsildar's office within whose jurisdiction the property situate along with the death certificate, copy of the Will and NOC from other legal heirs.

3. It is always better to wait until the mutation of the property is done on your name to enable you to sell the property. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Hi, As per law there is no need the will must be registered one. The unregistered Will is valid one. The will came into effect after the death of the testator. Once the property is mutated in your name then you can give GPA to any body of your choice and sell the same to the third parties.

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

A will is sufficient irrespective of whether it is registered or not. You can only sell/dispose the property after mutation.

A will can be challenged and therefore if nobody challenges the will then you may transfer the property to your name.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

- As per law, registration of a WILL is not mandatory and it can be written on a paper in the presence of two witnesses.

1. Yes, but there may be requirement for the probate of WILL from the Court of Law

2. You have to submit the copy of death certificate of father with the copy of WILL 

3. Without mutation in your name , you cannot sell the property 

- However, if you are residing abroad , then you can give POA to any relative for performing all the related work in India. 

- The said POA should be notarized as per rule of US , and attested from the Consulate of India. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Answer to all your question is Yes. We are dealing in property law matters pan India as well as internationally, we can help you . 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

Dear Client, 

Yes, registration of will is optional and taluk cannot refuse to transfer property in your name on the basis of will. You will need to submit a copy of the will and the death certificate with the application of mutation. And you can give General Power of Attorney to your relative only after the mutation is done.

Thank You

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

1. Will is not required to be registered

2. probate grant 

3. you can give a GPA. But any buyer would be comforted if there is a probate grant to the Will and the name of the seller is mutated in the property records

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

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