• Need to transfer property ownership in my name as per my mom will

I have property in Ulhasnagar Maharashtra and ownership is in name of my MOM. My Mom has expired and as per her will I and my two minor kids are owner of the property. Her will is registered.
Now I want to sell the property. Please let me know how can ownership be transferred so that I can sell the property. What are the legal charges which I need to pay.
Asked 3 years ago in Property Law
Religion: Hindu

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16 Answers

apply for probate of mother will . enclose mother death certificate , affidavit of one of attesting witnesses

2) pay court fees

3) notice would be issued to other legal heirs

4) if there is no objection you would get probate in 6 months

5) then apply for mutation of property in your name

6) after property is mutated in your name then you can sell it

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

1. Will has no force unless Probate is taken.

2. So first apply for Probate and then go for sale.

3. otherwise wile selling all the legal heirs of your mother which include all her sons and daughters will have to sign and hence the proceeds of the sale is to be equally divided.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

1. You will have to apply to the High Court for grant of Probate for your mother's Will. The fixed court fees for the same is Rs. 75k plus lawyer fees plus clerkage.

2. Your buyer may not agree to buy the property from you since there is no Probate granted for your mother's Will.

3. However if it is agreeable to your buyer, then you can propose him the following course to avoid incurring expenses for obtaining Probate from court:

a. issue a public notice in newspapers informing the public at large that he intends to buy the property from you. That the property has devolved on you by your mother's registered Will. That if any members of public have any objections against this transaction, then to submit the said objections within 14 days of the publishing of public notice

b. you can give him an indemnity bond stating that if in future any person claims any right over the property which is being sold then you will indemnity and protect him against all such claims at your costs and expenses

4. Before you proceed with the above course of action, you may have to get your name entered in society records like share certificate issued for your late mother's flat. So get that done from the society first.

5. But society may also insist for Probate of your mother's Will in which case you can suggest it the same course of action as given in para 3 above.

Yusuf Rampurawala
Advocate, Mumbai
6565 Answers
60 Consultations

5.0 on 5.0

Get this property mutated in your name and in the names of your minor kids.

Once the above mutation is done, the process of transfer of this property in your name and the name of your kids will conclude; and thereupon, you'll be free to sell off this property.

Since, two minor kids are involved, you will need the permission from court for this sale.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

You must apply for probate

2) if no objections are received from your sisters , father you would get probate in 6 months

3) if they object testamentary petition would be converted into suit

4) Bank would not grant loan unless will is proved

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

You can obtain written NOC of your 4 sisters and your dad by way of an affidavit and get it notorised.

Your sisters and father can also join you in your sale agreement with the buyer as confirming parties.

All this will be possible if the buyer does not insist for Probate for which you will have to incur expenses as informed.

Yusuf Rampurawala
Advocate, Mumbai
6565 Answers
60 Consultations

5.0 on 5.0

Dear Cleint,

Probate of WILL is compulsory in Mumbai.

Registered WILL has Legal Sanctity unless contrary is not proved.

But as probate is compulsory in Mumbai, apply for it in District Court, Once court grant probate order, on the basis of it, get the property transfer by applying with municipality.

Or can try for transfer of name in municipal records on the basis of registered WILL, less possibility,might they not ask for probate.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

No immovable property of a minor can be sold without the previous permission of the court.

Since besides you, this property also belongs to your two minor children, you will need the above permission from the Court to sell-off this property.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

This is what you have to do:

1. You should file a probate petition in the court;

2. Issue notice in 2 local news papers inviting claims and objections in respect of the property;

3. Get an indemnity bond and affidavit in the required format as per the bye-laws of the society;

4. Get the original death certificate of your mother;

5. If the court is satisfied about the ownership of the flat and the genuineness of the will, the property can be transferred in your name and then you can further sell it.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, apply for the succession certificate from the civil court plus probate of will also.

Secondly, then get the property transfer on your name through the registrar office then you can sell it as it’s real owner.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If the property involves minor interest then you cannot sell the share of the properties that belong to your minor children without the permission of court competent.

You can file a petition before concerned court seeking permission to sell the share of immovable property that belongs to them

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

you cannot sell the property that involves minors' interest without court permission.

you consult a local advocate who may suggest a different tactic

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Hi,

You are suggested to first get the property changed on your name from registrar's office and then you may sell the property.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Only the will which is situated under the original jurisdiction of high court if Bombay needs to be probated before having legal validity. In your case your will is valid and you can sell, transfer your property in the said case without any hindrances. You can transfer the property in your name by bringing your name on the records of your Society by providing death certificate of your mother.

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

1. Minor's property CANNOT be sold without Court permission.

2. IF Court permission is available, THEN, EXECUTE a duly stamp duty paid and registered "sale deed" in favor of the new buyer, annexing the court order and a indemnity bond in favor of the buyer. Here the father (as guardian) can sign the Sale Deed. This will be sufficient for all legal purposes.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5570 Answers
25 Consultations

5.0 on 5.0

Hello,

As per Will you can mutuated your name to the property card. After getting title, you can sell the said property.

Vikas Musale
Advocate, Pune
10 Answers
1 Consultation

4.0 on 5.0

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