Do I’ve to switch inherited land in my identify earlier than promoting?

My mom has registered a Will that mentions me because the nominee of a residential plot. She died of covid someday again. Do I’ve to switch the land in my identify earlier than promoting it?

— Name withheld on request

For the needs of the question, we assume that when it comes to your mom’s Will, the residential land has been bequeathed solely and completely to you and there aren’t any different authorized heirs to whom the stated immovable property is bequeathed since there’s a distinction between the time period “bequest” and “nominee”. The time period “nominee” implies that an individual is simply a custodian of the property and the property isn’t bequeathed to such an individual completely. 

We are additionally not conscious as to the place this residential land is located. For instance, in Mumbai, it’s obligatory to acquire probate to the Will earlier than the sale of the land. The probate confirms/ authenticates the Will. Thereafter, one has to tell the land income authorities to mutate/switch the land in your identify. To make clear, when it comes to the Will, the land would require to be transmitted/transferred to your identify by means of a mutation entry within the land data. Pursuant thereto, you could promote the land to any third get together. However, in case the purchaser is okay with buying the residential land with out your identify being mirrored within the land data, foundation the Will, you could cope with the land and promote it to the purchaser.

I wish to purchase a flat in Mulund, Mumbai. The authentic proprietor of the flat had nominated his elder son within the society data. Can I enter right into a sale/buy settlement with the present proprietor?

— Name withheld on request

A nominee is a custodian/caretaker of an immovable property, who’s legally obligated to go the property to all of the authorized inheritor(s). One would require to establish whether or not the unique proprietor had left Will (which can or not be probated) or died intestate i.e. with out a will.

Depending on the information and circumstances with respect to the unique proprietor, paperwork executed by and amongst the authorized heirs and paperwork submitted to the involved society for transferring the identify of one of many authorized inheritor of the deceased, you could take additional motion. In any occasion, solely a nominee has no proper to enter right into a sale/buy settlement.

Aradhana Bhansali is accomplice at Rajani Associates.

Subscribe to Mint Newsletters

* Enter a legitimate electronic mail

* Thank you for subscribing to our e-newsletter.