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How to transfer the property will from diseased grand father
24-Jan-2023 (In Property Law)
Hello, My grandfather gave a residential plot of land (self acquired property) to my father by way of registered will in mid 70s.This property is still registered in name of my grandfather (passed away in 70's) and my father has not taken any action ( transfer etc) till date.Now my father wants to get this property registered/transferred in his name - 1- what is the procedure of getting it transferred to my father.what all documents will be needed 2- Do we have to pay any property tax / tax arrear (1970's - till date) for this vacant plot 3- If we plan to sell this plot , what is the procedure ? 4- do we have to pay taxes on sale of the property ? Religion - HINDU Thanks
Hello,
After your grandfather's death WILL should be Probate, and that property will automatically transfer to your father's name. When its a registered WILL then nothing to worry about it. May I ask you where is your father resides right now? And WILL executed in which place?
Regards,
Jayatee Chatterjee
Solicitor/ Advocate
After your grandfather's death WILL should be Probate, and that property will automatically transfer to your father's name. When its a registered WILL then nothing to worry about it. May I ask you where is your father resides right now? And WILL executed in which place?
Regards,
Jayatee Chatterjee
Solicitor/ Advocate
Helpful?
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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Hi, in order to answer your queries, I have provided with considered answers.
1. You can transfer the peoperty through probate petition.
2. Docs will tell you later.
3. After transfer you may have to pay.
4. If GPA yes, otherwise after transfer.
5. Yes
1. You can transfer the peoperty through probate petition.
2. Docs will tell you later.
3. After transfer you may have to pay.
4. If GPA yes, otherwise after transfer.
5. Yes
Helpful?
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Adv. Amit Kumar Singh
Delhi | 25+ Answers
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Yes you can get plot registered in your fathers name for that first of all you have to make application in that regard to concerned revenue authorities and along with application they may ask you to attach death certificate of your grandfather. You are also required to pay taxes imposed by concerned authorities nd you can sell it or else just get it transferred to your fathers name and ask the purchaser to pay taxes decide this issue by mutual understanding.And this general rule that registration charges in sale deed are paid by purchaser .For any further query feel free to contact me
Helpful?
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Adv. Sachin Pujari
Delhi | 25+ Answers
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Which state is the property located in? Normally if will is registered, at the time of selling, one can do so on the basis of registered will. You can also check the transfer formalities from local authorities.
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Certain factual details are required such as location of property (State and city), whether there are any other legal heirs of your grandfather. Based on the provided facts it can be advised that on the basis of registered will deed your father should apply for the mutation in his name in the property records. Its advisable to obtain probate from the court for execution of will and a No Objection affidavit from other legal heirs. Property Tax has to be paid. Before selling, its important that your father's name is entered in property records.
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Adv. Manjusha Sharad Bhagade
Delhi | 25+ Answers
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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.
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