FAQ Category: Services

Can a Will be registered after the demise of the testator?

  1. Will can be registered after the testator’s death.
  2. Before the Sub Registrar, the party making a claim under the Will must present the Will, documents pertaining to the testator’s death, the witness, and the scribe.
  3. Before the Sub-Registrar, an affidavit stating that the testator had signed the Will in our presence and was in good physical and mental health at the time of execution must be submitted by two attesting witnesses. Additionally, the testator executed the will voluntarily.
  4. If Sub Registrar is satisfied with the truth and genuineness of the execution of the Will, he will register.

    5.  

Who can be the witnesses in the Will?

Witnesses can be anybody (sound mind and adult), but they must not be in blood relation to the beneficiaries.

Can Will witness be in Blood relation?

No, the witness of the Will should not be in blood relations. It would lead to suspicious circumstances as it would be assumed that the witnesses are going to support the Will in any given circumstances.

Can a registered will be challenged in a court of law?

Yes, if the same is challenged in the court, then it needs to be testified by the attesting witnesses

If the testator excludes a legal heir from the Will, can the excluded legal heirs challenge the Will?

Yes, the Will can be challenged by the excluded heir.

Is it possible to start the Mutation process immediately after registration?

Yes, it is possible to start the Mutation process once the deed is registered in the Sub Registrar’s office. Then the detailed information about the seller and buyer should be recorded in the revenue records.

 

Who are the appellate authorities?

The appellate authorities are the Board of Revenue, Settlement officer, and Deputy Commissioner.

What are the necessary documents to be furnished along with an application for Mutation in case of inheritance?

The following are some of the necessary documents that are required to be furnished along with the application for Mutation by way of inheritance:

  • Death certificate of the deceased person
  • Next of kin certificate
  • Probate from a competent court in the case of a will
  • Affidavit mentioning the applicant’s relationship with the deceased person
  • A declaration in affidavit form in which the land/property has been intended to be mutated in the place of the deceased that has not been transferred when the deceased was alive.

What could happen if a mutation of property is not done?

Mutation of property is mandatory for the land buyers. However, in the case of the sale of non-agricultural lands and apartments or flats, the Mutation is considered a legal formality for the buyer. If the buyer fails to do so, then there is a possibility not to relinquish away one’s right to the property.

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