Response

A probate is mandatory in West Bengal and the municipal limits of Chennai and Mumbai. In Delhi, Pune, State of Kerala probate is not mandatory.

A will is considered valid if it is signed by the testator and signed and attested by 2 other witnesses. Then you can go to a notary and register the will.
You can directly go for mutation of property after registration of will.

Probate can only be done at least 7 days after the death of the testator.

Steps for Mutation procedure:

– You have to submit an application at local civic body or at revenue office an application form, where you have to provide personal details, property address, registration date, type of transfer, property particulars etc.,

– You have to pay applicable fees. Fees depends from state to state

– The required documents are:
¥ Copy of Sale Deed
¥ Indemnity Bond & Affidavit
¥ Latest property tax receipt
¥ Death Certificate
¥ Copy of Will or Succession Certificate
¥ Indemnity bond & Affidavit
¥ Latest property Tax paid receipt
¥ Copy of Sale Deed etc.,

– Once you submit all the required documents, the assessing officer / revenue inspector will check the documents, may visit the property and will process the application. Generally they will issue Patta Certificate / Mutation Certificate / Khata Certificate after processing your application

– Once your name is updated in the revenue records, you may apply for Patta extract or Khata Extract or mutation extract to verify the details.

Remember, this procedure merely transfer the name of the owner and will not require stamp duty.

Reference: Indian Registration Act, 1908;

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