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Property Mutation clarification.
09-Jul-2026 (In Property Law)
Our property falls under the jurisdiction of the Secunderabad Cantonment Board. While we are attempting to mutate the property based on a notarized Will, the SCB is insisting on submission of a registered Will. Considering that registration of a Will is not mandatory in Telangana, we seek clarification on whether this requirement by the SCB is valid.
Registration of a Will is not mandatory under the Indian Succession Act, 1925, and an unregistered or notarized Will is not invalid merely because it is unregistered. However, mutation is an administrative process, and the Cantonment Board may insist upon satisfactory proof of title where its regulations so require. If mutation is refused solely on the ground that the Will is unregistered, you may seek a reasoned written order and challenge the same before the competent authority or the High Court, as refusal based solely on non-registration may not be legally sustainable.
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