- After the probate, you can apply for mutation before the revenue officer to transfer the property records in the legal heirs i.e.. whose names are mentioned in the Will . .
My father passed away last year( 2022) . We got probate last month ,In his will he has passed on his share to my mother making her 50 % stake holder . In grand mother's will ( who expired in 1993) we four of us ( father , mother, sister and myself ) were equal share holder ( 25 %) of the property but name in the Property Card was having only my father's name Question is are we required to do Transfer Deed after receipt of Probate . If required do so what are registration charges for transfer deed
- After the probate, you can apply for mutation before the revenue officer to transfer the property records in the legal heirs i.e.. whose names are mentioned in the Will . .
No transfer deed is required after probate
2) apply to society for transfer of father 25 per cent share in property
After obtaining probate in respect of WILL, no separate transfer deed is required after receipt of probate. Order of probate is sufficient in itself.
The usual practice is to get a transfer deed executed by the executor in favour of the beneficiary.
for transfer deed the stamp duty is ₹500 and registration fees would be depending upon the market value of the property.
The Will itself is a transfer deed, moreover you have even obtained probate of Will.
Now the revenue records and the records of the society is required to be transferred from the name of the deceased to the name of the beneficiary.
There's no registration nor payment of stamp duty is required for this.
1. You are required to get the property card corrected by producing the Will of your grand mother.
2. Your mother has now become 50% share holder of whatever share of the property your late father held.
The probated Will itself is the title-deed for all the beneficiaries named in it. There is no need to register any transfer deed.
Once probate is granted the next step is for the executor to transfer the properties to the legatees named in the Will as per the wishes of the testator
For that he has to register transfer deeds in favour of the legatees
Since this is a transfer without consideration the stamp duty as applicable on sale is not attracted
Thereafter the names have to be mutated in the PRC
The costs involved will be the professional fee of the lawyer to prepare the transfer deed + registration agent charges + sub registrar bribe (yes shockingly these corrupt officers ask for bribe on the pretext that the party does not have to pay duty on the transfer deed)
Grant of probate is only the authentication of the Will by the Court
There are further steps as above after the probate grant
Hope my answer will not be copied by Adv T Kalaseilvan from Vellore as he did for another query
Dear client,
In general, when a person passes away and their property is transferred to another person through a will, the legal process usually involves obtaining a probate or letters of administration, depending on the circumstances and the jurisdiction. The probate establishes the validity of the will and confirms the authority of the executor to distribute the deceased person's assets according to the terms of the will.
Once you have obtained the probate, it is common to proceed with the transfer of ownership by updating the property records to reflect the new ownership structure. This is typically done through a transfer deed or similar document. The specific requirements and procedures for a transfer deed, as well as the associated registration charges, may depend on the laws and regulations of your area.
To determine the exact requirements and registration charges for the transfer deed in your specific case, it is advisable to consult with a legal professional or a local authority responsible for property registrations, such as the Registrar or Sub-Registrar office. They will have the most accurate information regarding the applicable procedures and fees in your area.