My Grandmother wants the house to come under my name after she passes away. I have the will with me. I am a US citizen. I need help with transferring the house to me. The house is currently in my Grandmother's name. Thanks
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On grand mother demise house would devolve on you as per her will
2) apply for mutation of house in your name
3) enclose her death certificate
4) copy of the will
5) latest receipt of payment of property taxes
6) if no objections are received house would be mutated in your name
Thank you! How do i apply for mutation of house from the USA? i can't travel to India. Where do i send all these documents?
Execute POA in favour of family member to apply for mutation in your name
POA should be attested before Indian consulate
3) in alternative your grand mother can execute conditional gift deed in your favour
1. After your grandmother passes away, you have to submit the documents to the jurisdictional Corporation/ Municipality/ Revenue Offices for transfer of name from your grandmother's name to your name. In other words, the mutation of the property has to be done in your name.
2. To carry out mutation of the property in your name, you have to submit your grandmother's death certificate, Khatha/Patta of the property, latest Tax Paid receipt to the jurisdictional Corporation/Municipality/Revenue Office, alongwith the statutory fee.
3. Since you can't travel to India for this purpose, you can authorise one of your siblings or your parents to act on your behalf by your executing an Authorisation letter/POA.
If taking of Probate of Will is compulsory in your State then first do so and thereafter apply for mutation of your name in respect of the said property in place and stead of your grand mother.
You can acquire the property which has been bequeathed to you by a Will only after the lifetime of your grandmother and not now
If she decides to cancel the Will anytime during her lifetime then you cannot claim any rights over the immovable property.
Therefore you can request your grandmother to transfer the same to your name by a registered settlement deed so that you don't stand disappointed in case of any uneventful situation in future.
You cannot apply for mutation of property to your name while the testator, that is your grandmother is alive.
For mutation you have to be present before the concerned tehsildar office along with the requisite documents and comply with other formalities also.
You can transfer the same with the help of his will
Is your grandmother alive?
If yes, it can be transferred through gift or settlement.
If not, the WILL has to be approved by the court and then you can inherit the property.
Regards
G.Rajaganapathy
Dear client,
In order to transfer the property to your name, you need to complete a series of legal formalities in India. One of the key steps is to mutate the property records in your name.
The process of mutation varies from state to state in India. However, in general, it involves submitting an application along with the required documents to the local municipal corporation or revenue office where the property is located.
Since you are residing in the USA, you can appoint a Power of Attorney (POA) in India to act on your behalf. A POA is a legal document that authorizes a person to act as your representative in India. You can execute a POA in favour of your trusted family member or friend in India, giving him/her the power to carry out the legal formalities on your behalf.
The following documents are usually required to apply for mutation:
A copy of the registered will
Death certificate of the grandmother (if applicable)
Property tax receipts
NOC from the housing society (if applicable)
Proof of identity and address of the applicant and the POA
Any other document as required by the local authority
You can send the documents to your POA in India who can submit the application and complete the legal formalities. It is advisable to engage the services of a local lawyer in India to
You need to execute a special power of attorney in favour of your close relative or friend in India authorizing him/her to act on your behalf, after getting it suitably drafted by a competent lawyer. The special PoA can either be notarized in the USA or attested by the Indian Embassy/Consulate there. Then it needs to be sent to your power agent in India for adjudication (meaning, assessment of stamp duty) by the land registry. Once done, your power agent can act on your behalf.
Will will be operative only after the demise of your GM. As of now WILL has no legal effect and cannot be acted upon.
