• Clarification on property rights

Hi I stay at chennai having doubt on the property which my grandfather (dad's dad) has written a will (unregistered) stating that two of his property  one to be enjoyed by his elder son I.e my father and another one by his younger son after his death and his wife death and he has also mentioned in will that he has made marriage to his daughter in a well manner with all necessity and she has good life. Grandfather has written will on 1993 and expired in the same year. The person witnessed is live.my aunt got married in the year 1984. Can I sell the property on basis of will or else need fathers sister signature to sell the property?patta still on my grandfather name.all other tax documents are on my dad name.pls advise
Asked 2 years ago in Property Law from Chennai, Tamil Nadu
Dear Client,
The WILL is absolutely valid.You can sell the property without any signature of the sister of your father. Befoe selling the property you need to get mutation  in your name on the basis of WILL executed by your grand father at your Tahsildar office.. The Thahsildar on your application after inquiry the PATTA will be transfered in your name.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. yes, u can sell the property on basis of said will.

2. to be on safer side take NOC from fathers sister so as to avoid future legal problems.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. file application in office of tehsildar for transfer of patta.

2. also file NOC of father sister with application.

3.it will about one month to get patta transfered in ur father name.

4.then u can sell said property.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. The will is valid if the property is the self acquired property of your deceased grand father. 

2. Your query is silent as to whether your grand mother and father are alive. The will made by your grand father stipulates that the property will be enjoyed by his elder and younger son after his and his wife (your grand mother's) demise. 

3. Is your grand mother alive? If your grand mother is alive then your father and his younger brother have not yet inherited the property. If your grand mother is dead then your father and his younger brother have, in accordance with the will, inherited the property in equal terms. You have no share in the property during the life time of your father as the will by your grand father has expressly vested the sons with equal rights. Your father and his younger brother alone can sell their shares in the property after the property is mutated by them in their favour.

4. If your father is alive then he should get the property mutated in his name as without mutation it will be difficult to sell it. The signature of your aunt is not required.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
To transfer the patta in your father's name the following process shall have to be followed.

1. An application, in the prescribed format along with the appropriate fee, is to be submitted to the office of the tahsildar against a valid acknowledgement. 

2. All the relevant details of the property need to be furnished in this application, hence utmost care is required while furnishing these details.

3. The revenue office will process the application and the property is valued for taxation purposes and annual tax payable against the property is fixed by the revenue office. In this process new identification numbers for holding, plot, khata, dag etc are allotted to the property. 

4. A date is fixed by the revenue office for hearing. Legally speaking, if your aunt has some valid grounds to protest, she can raise or make objections to the revenue officer, before such mutation is approved by such revenue authorities.
Any such objections if taken on record by the revenue officer, you will need to have it over ruled by filing a suitable application for Revenue Tribunal Suit before the appropriate superior revenue authority who has merely taken a note of such protest and have such protest note invalidated after the decision. After due disposal of the dispute (if any) the revenue office issues “Mutation Certificate” to the new owner and the name of the new owner is shown as the owner of the property.

5. For successful completion of the entire aforesaid process, you should avail the services of a local lawyer.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Hi, on the basis of the will you can change the name of the property in your name fill the documents in the revenue authority and then you become the absolute owner of the property because no body has challenge the will and will is valid one.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Dear Client,
The WILL is absolutely valid.You can sell the property without any signature of the sister of your father. Befoe selling the property you need to get mutation  in your name on the basis of WILL executed by your grand father at your Tahsildar office.. The Thahsildar on your application after inquiry the PATTA will be transfered in your name.
You can proceed with sale without any apprehension.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
A. On the basis of Will, you can transfer the property to any person subject to nature of property is Self Acquired property of your Grand Father. And probate is mandatory in metropolitan cities i.e., Mumbai, Chennai, and Kolkata. 
.
B.  You can submit Death Certificate of your grand father and Family Tree, Will,  Affidavit and other documents of local authority  of the same before the concerned authority for mutation. later patta would be transferred as per completion of below process. 

C. Once your submitted the above documents, the proclamation would be issued by the authority to call upon any objection from the legal heirs or legal representatives or others  by 15 or 30 days. Thereafter, mutation process would be cleared.

D.Sometimes, an indemnity bond giving an undertaking that the executants indemnifies the municipal corporation in the event of a dispute arising from the mutation made upon his application is sought
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1) on your grand father death as per will your father and your uncle would inherit the property on the demise of your grand mother . 

2) you have not mentioned whether grand mother is alive or not . if she has expired your father and uncle would be absolute owner of property . 

4) your father and uncle have to apply for mutation of property in their names . enclose copy of death certificate of grand father . on basis of will mutation would be made in name of your father and uncle after receipt of NOC from your aunt . 

5) if she disputes the will you would need to apply for probate of the will .
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1) for mutation of property in name of legal heirs as per will An application, in the prescribed format , is to be submitted to the office of the tahsildar In case of Will:following documents have to be enclosed 

>> Death certificate

>> Copy of Will or Succession Certificate

>> Indemnity bond on stamp paper of requisite value

>> Affidavit on stamp paper of requisite value attested my a Notary

>> Receipt of up-to-date property tax payment

2) A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than 15 days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in the prescribed format. The statements of the parties are recorded. The contents of the documents are matched with the recorded statements. In case no objections against the proposed mutation are received, it is sanctioned.

Any party aggrieved by an order of mutation can file an appeal before the Additional Collector (or the Deputy Commissioner) concerned within 30 days of the order.
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. No. You can not sell it now,

2. You shall have to take probate of the Will first,

3. Without taking garnt of probate, the said will has no value whatsoever legally,

4. If you apply for probate, Court will send notice to all legal heirs including your aunt and if they do not object, probate  of the Will will be granted,

5. On receipt of the probate, you can apply for the mutation which will be done without any problem.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
file an application along with affidavit and noc from your sister  death certificate and legal heir certificate to change  patta you will get the same within a month
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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