• Mutation and will

My father has got mutation done from MCD of his ancestor property (freehold)as per the registered will written by my grandfather. My father has only one brother settled abroad with no interest in the said property as mentioned in the will as well.
I have the following doubts:
1) as we are residing in Delhi, is there any other legal formality or document to be completed, to claim the ownership of the property?
2) As my father has three daughters, does he need Relinquished deed from his brother, in case he wants to sell or rebuild the house through builder?
3) Is there any requirement to probate the property?
4) Can this property have another New will to be written by my father?
Thank you
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1) better apply for probate of will . It is advisable to apply for probate to avoid legal complications

2) in alternative brother can execute relinquishment deed

3) father can execute will to bequeath property to whomsoever he pleases

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

No documents needed except father`s death certificate and father ID, WILL is sufficient, all it required duly executed, on this basis, ownership will transfer in father`s name.

No, by virtue of WILL, your father is absolute owner.

Probate not compulsory in Delhi.

Depends on your father, He can dispense this property acc. to his choice, sale gift, WILL, etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. The property is still to be transferred in your father's name. For this you need to apply for property transfer at the sub-registrar’s office enclosing the copy of will and copy of title deeds.

2. Father would have to take NOC from his brother, brother's children and your siblings including you if the property is ancestral in nature.

3. Probate of will is not mandatory in Delhi.

4.Yes. it can be done after it is registered in his name as per land records of sub registrar office.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Q.(1) as we are residing in Delhi, is there any other legal formality or document to be completed, to claim the ownership of the property?

Ans.(1) No document is required to claim the ownership of the property as your father is owner of the property by virtue of Will executed by your grandfather in favour of your father.

2) As my father has three daughters, does he need Relinquished deed from his brother, in case he wants to sell or rebuild the house through builder?

Ans.(2) In case your father wants to sell the property, he can sell the property by delivering original sale deed in favour of your grandfather and copy of Will (in case the Will is in respect of the property in question only, he can give original Will to the prospective buyer). Similarly, your father can give the property to builder for construction. What I feel that the idea of Relinquishment Deed has been given by the Builder. Though in your case it is not necessary as your grandfather has bequeathed the property by virtue of Will in his favour. In case your grandfather would have died intestate, the relinquishment deed is required. While executing relinquishment deed, the existence of Will has to be concealed. The idea is the brother of your father may not claim his share afterwards.

My opinion is either conceal the existence of Will and get execute Relinquishment deed from your uncle in favour of your father or when your uncle is aware of the Will, he may agree to the existence of the Will and execute Disclaimer Deed in favour of your father.

Now the position is:-

1. Your father is owner of the entire property by virtue of Will no document is required.

2. Your uncle is aware of the existence of the Will, he may execute Disclaimer Deed in favour of your father.

3. Conceal the existence of Will and after the death of your grandfather, your father and uncle became owner of half share each and your uncle can execute Relinquishment Deed in favour of your father.

Q.(3) Is there any requirement to probate the property?

Ans.(3) In Delhi probate of of Will is not required.

Q.(4) Can this property have another New will to be written by my father?

Ans (4) Your father is legally entitled to execute Will in respect of his property in favour of anybody Or he can execute Gift Deed in favour of anybody.

I hope this would clear the doubts. The mutation in MCD is only for the purpose of payment of house tax and it does not derive any title but proves the possession/occupation.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

1. for Delhi probating the Will is not needed

2. release deeds from sisters ie your aunts not required as the property is willed to your dad and his name is also mutated

3. not required

4. yes your father can make a Will for this property

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

1. Well, to be on the safer side and remove any future complications it is essential that you apply for probate of the Will which would though require the consent of his brother

2. Since the property is considered as his self acquired property of your father his daughters have no right of share therein by virtue of birth and hence there is no question of their relinquishment.

3. yes

4. Since this property becomes self acquired property of your father he can deal with it in any manner whatsoever including making an gift deed in anyone's favour as he wants.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) Your father can ask POA from his abroad brother to get property on his name.

2) If your father's brother is staying in Indian than you can ask for Relinquish deed from his brother.

3) Yes after any death of Karta than probate of the property needed

4) If your father wants to make WILL than he can make it after all documents is made on his name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi, the WILL of your grandfather has to be probated from court .. Once the court passes a decree in favour of your father , there shall be no objections or complications whatsoever

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. No

2. If the property has been mutated to the name of the father the the relinquishment deed from his brother is not required in order to sell off the property.

3. No

4. Yes since he is the owner of the property therefore he can make a will for the property.

Note: I guess this is not the ancestral property, ancestral property is one which remains undivided for four generations.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In response to query 2: your uncle can make an affidavit wherein he will state that he has accepted your granfather's Will and has released his right in the property.

Sorry I misunderstood your question

Though obtaining probate is not mandatory in Delhi, you can still file a probate petition to authenticate your grandfather's Will

You can obtain consent affidavit of your uncle and attach it to the probate petition

it will take around 6-8 months to obtain probate from court

Once probate is granted, the Will will be considered as genuine, unless someone challenges it on valid legal grounds

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

1. No the probate in Delhi is not required if the registered will. Further if the property is mutated in his name no other documents required.

2. If the will is registered and property is transferred then no relinquish deed is required. Father is sole owner.

(Further if the ancestral property then his brother sister can challenge it so better check the nature of the property as An ancestral property is a property acquired by your great grandfather (Hindu) which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by your family) So if ancestral property then there NOC and relinquishment is required.

3. No.

4. Yes your father can make a further will

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) as we are residing in Delhi, is there any other legal formality or document to be completed, to claim the ownership of the property?

Answer: Since the property is ancestral, the ownership would be split between your father and your uncle and all other legal heirs of your grandfather. To claim the ownership by your father, all the legal heirs will have to give their NOC to the transfer of share to your father;

2) As my father has three daughters, does he need Relinquished deed from his brother, in case he wants to sell or rebuild the house through builder?

Answer: Your father will need NOC from all the legal heirs to purchase the property. Also, if he wants to sell it in the future it is better to execute a relinquishment deed;

3) Is there any requirement to probate the property?

Answer: Probate has nothing to do with it if you know who the legal heirs of your grandfather are;

4) Can this property have another New will to be written by my father?

Answer: Once your father becomes the whole and sole owner he can choose to dispose of the same as and how he pleases.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1 No other formality required but better to consult a local lawyer dealing municipality matters.

2 After your father you and your sisters are entitle to share equally. No relinquishment deed at present, it may required after your father. The way out is have a registered will from your father.

3 Probate required if property is at Mumbai, Kolkata or Madras (and some other parts of Inida like state of Bangal) but if Name is muted in Municipal record, every thing is ok.

4 Will required else all your sisters will also have share.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

You have transfered the property through will,

For a clear situation you should get a probate of the will with NOC of all the other legal heirs. According to hindu succession act 2005 if your grandfather got deceased after 2005 then your fathers sisters have equal share as of your fahter and his brother. Dates and events have to be checked to give a clear picture

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Yes Registered relinquishment will be good. Pro bating the will is there not property. It is the procedure after death of testater. Nothing else is required.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

1. Once the mutation is done nothing else is required to be done except to get the electricity and water connection along with house tax bills transferred to his name.

2. If the will of your grandfather makes your father the absolute owner of the property then he does not require any relinquishment deed from any of his children or brother.

3. Probate is not mandatory in Delhi.

4. Your father is free to execute a will in respect of the property which he inherited from his father.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. The will has to be enforced by mutating the revenue records in favor of the beneficiary and after that the beneficiary can apply for name transfer of all other issues namely, Municipal taxes,. electricity connection water tax and any other relevant issue.

2. Not necessary since the property has been acquired through a Will and your uncle is not a beneficiary of the Will, there is no necessity for any such formality from him especially the relinquishment deed is not at all required.

3. Once Will has been enforced, there is no necessity for probate of Will.

4. Yes, he can transfer the property again by writing another will in favor of the beneficiaries he may choose or decide.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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