Property can be bequeathed to child via Will after mutating the property
1 min read . Updated: 13 Aug 2019, 11:18 PM IST
PremiumFor getting the subject property mutated in your name, you will have to apply to the land authority
I live in Delhi. I have three brothers and one sister. My father has registered his Will in my favour. Based on the Will, I get the house mutated in my favour but the conveyance deed of house is still in the name of my father. The water and electricity connections are also transferred in my name. Now I want to make the Will favouring my child. Please advise me how to proceed as I do not want any legal problems later.
—Name withheld on request
At the very outset, we have presumed that your father has expired leaving behind his Will and last testament. At the further outset, we have presumed that you are the only beneficiary or legatee in your father’s Will and being the beneficiary in the Will, you have acquired the absolute rights in the subject’s immovable property. You wish to apply to the land authorities to get your name mutated in the land records in respect of the subject property. For getting the subject property mutated in your name, you will have to apply to the land authority, i.e., being the competent authority having the jurisdiction by producing the Will and other relevant title documents, by virtue of which you are claiming your ownership rights. The competent authority, upon satisfaction, shall mutate the subject property in your name after taking into consideration that your late father became the owner by virtue of the conveyance in his favour. Upon mutation of the subject property in your name, you can thereafter bequeath the same in favour of your child by making him the beneficiary under your Will.
Aradhana Bhansali is partner, Rajani Associates. Queries and views at mintmoney@livemint.com
