The Arora Group

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FAQs

There is a small plot of land registered in my wife's name who has expired. I would like to know the procedure for mutation/transfer in my name. Is a will necessary? There is no registered will , but a plain paper document in my favour. Would a indemnity bond, affidavit from me suffice to effect sale/transfer.

You say there is no registered Will but there is a plain paper document in your favour. If the testator signs that paper in presence of two witnesses, then it is a valid Will. On the basis of this, you can take the probate from the Court and then sale/transfer is legal. For your kind information I may add that it is not necessary that the Will may be on the stamp paper and registered document. It can be on a plain paper also and the requisite condition is that the testator making the Will in presence of two witnesses should sign it.

My father made a will which was duely registered at the registrar's office. In the will he has given me (his Daughter), one floor of his house. After his death I got mutation (in MCD) in my name. It is a freehold property. Will you please tell me how can I get this part of the property registered in my name. It is a free hold property and it is self made property.

It is presumed that you must have completed all the formalities of MCD before getting the mutation done in your favour. You can get it registered in your name on the basis of Will by paying registration charges and completing formalities as prescribed by the office of Sub-Registrar.