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Registering a partition deed on basis of unregistered Will
27-Feb-2023 (In Property Law)
Can a Sub registrar register a property specified in the partition deed basing on a unregistered will without submission of ownership proofs of the specified property by the executants such as electricity bill/municipal tax receipt/municipal record etc etc.
Hi
If all of the legal heirs (legal heirs as per MRO certificate), and all of them agree in writing to register the property as per Will, then the sub-registrar can do the registration.
However the proof of ID of legal heirs is a must for any registration.
Also even if one of the legal heir is not present at the time of registration, then the registration done by Sub-registrar is invalid . In such event where all of the legal heirs are not present , the WILL has to be probated in the court of law.
Assuming you are a person affected by the decision of Sub-Registrar, you can file a case asking for probate of the will. Probate of the will is the official procedure and after probate only the property has to be transferred. Or else any transfer can be challenged in court of law.
If all of the legal heirs (legal heirs as per MRO certificate), and all of them agree in writing to register the property as per Will, then the sub-registrar can do the registration.
However the proof of ID of legal heirs is a must for any registration.
Also even if one of the legal heir is not present at the time of registration, then the registration done by Sub-registrar is invalid . In such event where all of the legal heirs are not present , the WILL has to be probated in the court of law.
Assuming you are a person affected by the decision of Sub-Registrar, you can file a case asking for probate of the will. Probate of the will is the official procedure and after probate only the property has to be transferred. Or else any transfer can be challenged in court of law.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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