Legal Question in Wills and Trusts in India
My husband has inherited a property from his mother and by virtue of will, get it mutated two years ago. Can he sell it now without any sibling objecting and filing suit?
2 Answers from Attorneys
27.07.2013
Dear Sir / Madam,
My colleague Rajiv Gupta from Karvai will be in a better position to reply to your query.
Regards,
27.07.2013
Dear Sir / Madam,
Mutation of property is the recording in the revenue records the transfer of title of a property from one person to another. The mutation in the municipal records is for the purpose of payment of property taxes and it does not mean a legal title to the person to whom the property has been mutated.
The procedure, documentation required and the fees payable varies from State to State. However, generally, the procedure includes an application on a plain paper, along with non-judicial stamp of relevant value, containing some information. It is to be submitted to the tahsildar of the area.
Without a Probate being obtained on the Will, mere mutation does not suffice. The siblings can object and file a suit in the matter.
Regards,