• Mutation of property

My grandmother passed away leaving her Will with me. Her Will states that her property should transfer to me upon her passing away. I reside in the USA and for Mutation of Property, do i need the same witnesses who signed her Will almost 20 years ago? Or, can the witness be someone else? Is a witness required? Thanks,
Asked 5 months ago in Family Law
Religion: Hindu

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10 Answers

Where is property situated ?


if property is in Bombay ,Calcutta ,madras then apply for probate of will 


3) probate is judicial proof that will is genuine 


4)enclose affidavit of one of attesting witnesses if there is no contest you would get probate on 6 months 


5) then apply for mutation of property in your name 


6) enclose latest receipt of payment of property taxes 


7) grand mother death certificate 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

For mutation no witness is required for getting property mutated in your name.  If property does not falls within union territory area then you shall be required to obtain probate in respect of WILL and after getting probate, on the basis of probate you should get property mutation in your name. If property is in union territory then no probate is required to be obtained. 

Siddharth Srivastava
Advocate, Delhi
1179 Answers

5.0 on 5.0

For mutation of the property, there's no need for witness.

Shashidhar S. Sastry
Advocate, Bangalore
4947 Answers
308 Consultations

5.0 on 5.0

- Since, your grandmother has left a Will in your favor, then you can apply for mutation before the revenue officer after submitting the her death certificate with the said Will and your address proof

- However, there may be requirement by the said authority for the probate of the Will for mutation. 

- Hence, on refusal , you can file a probate petition before the court , and if there is no dispute for the property by any of the legal heirs , then it can be granted even in the absence of witnesses. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

The mutation is different from enforcing the Will.

For mutation you may have to produce a copy of the Will, death certificate of the testator and an application for mutating the revenue records on your name.

If you want to have a probate of the Will then the same witnesses who attested the witness need to depose evidence before court. 

Obtaining probate of Will is not mandatory in the places other than Bombay , Calcutta and Madras. 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

The requirements for witnesses to a will can vary depending on the laws of the jurisdiction where the will was created. In some jurisdictions, witnesses are required to sign the will in the presence of the testator (the person making the will) and each other. These witnesses are typically required to be disinterested parties, meaning they are not beneficiaries or heirs named in the will.


When it comes to the transfer of property, the process can also vary depending on the laws of the jurisdiction where the property is located. In some cases, the executor or personal representative of the estate may need to file the will with the local probate court and go through the probate process to transfer the property to the intended beneficiary.


To determine the specific requirements for the mutation of property in your situation, it's crucial to consult with a lawyer who is familiar with the laws of the jurisdiction where the property is located. They can guide you through the necessary steps and provide you with the most accurate advice based on the applicable laws and regulations.



Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

No witness required for mutation. Hope Will is registered.

Yogendra Singh Rajawat
Advocate, Jaipur
22464 Answers
31 Consultations

4.4 on 5.0

As per the situation narrated by you, You do not need any witnesses for registration of mutation. All you have to provide is 1) The Will executed by your grandmother. 

2) Death Certificate of Your grandmother.

3) Your ID proofs. 

4) Property documents & Tax paid receipts.



Rajashekar. P.,

Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Yes with witness required but mutuation can be done 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

You can apply in civil court for probate with your grand mother will. In this probate procedure you must have to represent at least one witness affidavit who signed in will. 





Sheetal G. Rathod 

Advocate & Notary




Sheetal G. Rathod
Advocate, Rajkot
5 Answers

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