656+ Lawyers are online 
Do we need legal heir certificate in case of a Will
15-Jun-2023 (In Property Law)
My aunt had a property, and it is freehold property of dda. now ,my aunt died, and now as per her will, this property will be sold and divided in to two halfs and that will be my mother and her daughter, and aunt brother is the take carer of this property until it is sold.now the process of selling is going on, so now one party who applied for loan for buying this property, bank ask them for legal heir certificate and mutation. so my question is if we already have will then do we really need this certificate, and mutation, if property is freehold then mutation is required or not?
Yes mutation is required to be done. You will also need the Will to be probated in whoever said name. Once the will is probated, there is no need for a legal heir certificate. However, if the property has not been willed to any particular person, but just says it will be sold and the proceeds divided, even then you do need a certificate as the executor of the Will can handle it after the Will is probated.
Helpful?
38+
38+
Adv. Angad Mehta
Delhi | 100+ Answers
CONTACT NOW
you need to apply for probate of will in the probate court and then do the mutation of the property based on the probate. A legal heir certificate is issued by the tehsildar/Sdm, bot are separate proceedings.
Helpful?
29+
29+
Adv. Nitish Banka
Delhi | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
