• Is Transfer Deed after Probate required and what are registration fees

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
Asked 1 year ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

11 Answers

- 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 . . 

Mohammed Shahzad
Advocate, Delhi
13513 Answers
201 Consultations

5.0 on 5.0

No transfer deed is required after probate 

 

2) apply to society for transfer of father 25 per cent share in property 

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

After obtaining probate in respect of WILL, no separate transfer deed is required after receipt of probate. Order of probate is sufficient in itself. 

Siddharth Srivastava
Advocate, Delhi
1277 Answers

5.0 on 5.0

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. 

 

Uma Vyavaharkar-Acharya
Advocate, Mumbai
62 Answers
2 Consultations

5.0 on 5.0

After probate it’s not required if probate is defining your share

Prashant Nayak
Advocate, Mumbai
32146 Answers
184 Consultations

4.1 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The probated Will itself is the title-deed for all the beneficiaries named in it. There is no need to register any transfer deed.

Swaminathan Neelakantan
Advocate, Coimbatore
2836 Answers
20 Consultations

4.9 on 5.0

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 

Yusuf Rampurawala
Advocate, Mumbai
7553 Answers
79 Consultations

5.0 on 5.0

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.

 

Anik Miu
Advocate, Bangalore
9169 Answers
111 Consultations

4.7 on 5.0

What is the need of any deed after probate ?

Yogendra Singh Rajawat
Advocate, Jaipur
22704 Answers
31 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer