Hi, I have a query regarding selling of plot which has been transferrednto.my name by my Father's registered will. I have sole rights on this. I wish to sell this property and would like to know the procedure to follow once I have suitable buyer. We are just 2 sons and my elder brother is aware if the same and helping me to get this done as well. Thanks. Regards Arun
If purchaser is availing bank loan then bank would insist on probate of will
2) probate is judicial proof that will is genuine
3) private tajes 6 months if there is no contest
4) if purchaser has funds then enter into sale deed
5) full payment should be made at time of registration of sale deed
Thanks Ajay ji. We have a private seller with funds available so no bank loan required. Can I sell the plot without registring it into my name. And if yes, what is the process. Thanks
Plot should be mutated in your name .make application for mutation
2) enclose father death certificate
3) copy of registered will
4) latest receipt of payment of property taxes
5) after mutation is done you can sell the plot
1. You have to obtain probate for the WILL. In some States of India, it's not a must and in some States it's a must. For example in Karnataka, probate of WILL is not mandatory.
2. You can get the property transferred/mutated in your name in the jurisdictional Revenue Office/Corporation/Municipality on the basis of your father's WILL in your favour and his death certificate.
3. Khatha/Patta, as the case may be, indicates your name as the present owner instead of earlier owner (your father).
4. Based on Khatha/Patta in your name, you can sell the property to any prospective buyer. There's no need to register the property in your name before selling it.
Hello,
In case of WILL, you are required to obtain probate in respect of WILL and after obtaining probate get the proprty mutated in your name. Only after being recorded owner you can be able to sell the property. If property is in union territory area then probate is not necessary and on the basis of WILL, you can apply for mutation of property in your name.
- Since , you have a registered Will in your name, then you can apply for mutation in your name after submitting the death certificate of your father and the property papers copy
- Further, after getting mutation in your name , you can sell the property without any hurdle.
- Further, only on the registered Will , the purchaser may not agree ,
You get the property revenue records transferred to your name by applying for mutation of properties to your name.
You may be required to submit copies of death certificate, property title document, legal heir ship certificate, no objection certificate from the other legal heirs along with the application.
The authorities after verifying all the records and finding the records to be proper, may approve the mutation application, after which you can sell the property on the basis of the mutation records and Will on yor name in favor of the prospective purchaser.
The property no doubt stands on your name by the testamentary disposition i.e., Will, but you need to obtain the revenue records/7-12 records transferred to your name for establishing your clear and marketable title to sell the property.
There is no necessity to register the property to your name but it is pertinent that you get the revenue records transferred to your name for selling the property
Dear Client,
If the plot of land has been mutated (changed ownership records) to your name, you can sell it to a buyer without registering it in your name first. You can attach a copy of your father's will to the sale agreement, but this is subject to approval from the registrar. Alternatively, you can probate the will in a competent court and attach the court order to the sale agreement.
Yes you can sell the same on basis of will
Approach competent court to get the WILL certified. Once done you are at liberty to sell.
Will is required to be probated
If an executor is named in the Will then a probate petition has to be filed
If no executor is appointed under the Will then a petition for grant of Letters of Administration with Will annexed has to be filed
A transfer deed has to be registered in favour of the legatee
This will complete your title
Property can sell on the basis of Will if not situated in Bengal, Madras and Bombay.
No specific procedure required. Copy of Will will attach same deed and original will hand over to buyer.
