quesBrother gave his share to rest of us. How to register it in our name?

We have a joint freehold residential property in the name of 5 brothers wherein 1 of us has Willed (unregistered plain paper will) his share to the rest 4. Now after this demise, we want to convert the title from 5 names in the name of the remaining 4 brothers.

 

What is the procedure for the same and what all documents do we need for the same. It is a residential freehold property.

 

  • ans 

    The law does not demand that the Will has to be registered. But the will has to be properly signed in the presence of two attesting witnesses.

     

    The process to get the property ownership transferred on the basis of a Will varies from state to state. In some states, it is mandatory to probate the will and in some States, it is not mandatory. If the property is situated in a State where it is mandatory to probate the will, a civil suit has to be filed in the probate court.

     

    If the property is situated in a State where it is not mandatory to probate the will, an application has to be filed before the revenue officer in the prescribed form to register the property in the name of four surviving members and also for the issuance of the mutation certificate.

     

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