• Property transfer and sale

Hello,

My deceased Father had a Property(a built up house) in his name in Delhi.This is the house in which his wife (my mother) lives currently. 

My Father wrote a will before his death in my mother's name and has mentioned clearly that the house needs to be passed along to my mother along with other assets in the event of his death. The will was typed and signed by him and has 2 witness signatures as well, but this will was never registered. 

What is the process to transfer this property to my Mother ? Do the children(only myself and my sister) need to be present in a court to get this transfer done ? It is difficult for both of us to make a visit since we are away from Delhi currently.

Please let me know. 

Thanks 
Sam
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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11 Answers

1. Will is not required to be registered

2. In order to prove a Will as the genuine Will of the deceased, it has to be presented to a Court for probating i.e. for authenticating, by filing a Probate Petition

3. However for Wills executed in Delhi and by which Delhi properties have been bequeathed - the same does not require the above procedure of obtaining a Probate from the Court

4. The children can simply send an affidavit duly signed before the Indian Embassy in the USA therein stating that they accept the Will left by their late father and have no objection against and consent for the transfer of the bequeathed property to the name of their mother

5. the children need not personally come to India for this purpose

6. the mother, either herself, or through any trusted friend, can then present the Will alongwith the affidavits of the children to the concerned property authorities like Municipal Corporation, Collector, society, etc. for transferring the bequeathed property to her name

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Probate of will is not mandatory in Delhi

2) apply for mutation of property in your name based on father will

3) enclose father death certificate

4) NOC of other legal heirs

5) receipt of payment of property taxes till date

6) if no objections are received mutation of property would be done in your mother name

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

No compulsory registration required for WILL. It`s duly executed,

All she need to apply for mutation in municipal records attaching death certificate of husband and copy of WILL.

Presence of children not needed.

And don`t get confused with probate of Will, not required in Delhi.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. You will need to obtain succession certificate from the district court;

2. The executor of the Will can directly file a probate petition in the court;

3. Once the probate is passed your mother will get the whole and sole ownership;

4. If you and your sister do not want claim send an NOC or a Deed of Relinquishment singed and notarised from wherever you are;

5. Once you complete the procedure from your side, the property will be transferred to your mother and the mutation entry will be made accordingly in the property records.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Since in delhi the probate is not compulsory the mother can present the WILL along with application for mutation of the property in her name on basis of the will in the concerned Municipal/ DDA or authority under which the flat come.

Further you and your sister can send an Affidavit signed stating that you give NOC on transfer and you two are only legal heris the will is genuine and further No objection if same is transferred according to will on mothers name.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. A will's registration is not mandatory in India. It is optional at the discretion of the testator.

2. In terms of the bequest made by your father the property has devolved through testate succession absolutely in favour of your mother. The only thing she would have to ordinarily is to get the mutation of inheritance sanctioned in her favour.

3. Since however the will is not registered the MCD will not do mutation. So she will have to file a petition for probate of the will. Once probate is ordered by the court then MCD will carry out mutation.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The Will has to be proved before the court to get legal validity. If the property annexed to the WILL is situated in Delhi, the Original Petition for probate the WILL has to be filed before the Delhi High Court. Your mother alone can file the petition and you and your sister can send the consent affidavit to the probate and the affidavits have to be notarized in USA. Your personal appearance is not necessary.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

hello

A Will can be made at any time in the life of a person. There is no restriction on how many times a Will can be made by a testator. However, only the last Will made before his death is enforceable. A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will. Though the registration of a Will is not compulsory, it can be registered with the sub-registrar.

On the death of the testator, an executor of the Will or an heir of the deceased testator can apply for probate. The court will ask the other heirs of the deceased if they have any objections to the Will.

If there are no objections, the court will grant probate. A probate is a copy of a Will, certified by the court, and is conclusive evidence that the Will is genuine.

your will is not regd. therefore you have to obtain a probate of the will. after that mutation can be done in the record of the DDA/MCD.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1. Based on the will of the deceased, Mother has to the local authorities (civic body /revenue authority, as applicable), for transfer of Property-Title, in her name.

2. ALL other legal heirs, MUST give proper NOC & Indemnity Bond for the above purposes. The same also can be given via a POA, duly attested before the Indian Consulate.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since your father had made a testamentary disposition of this property, a mere NOC from the other legal heirs would be sufficient to the revenue department to transfer this property to her name.

This is a matter of one day problem.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Will of your father is not required to be registered as per law. It is otherwise also valid.

2. Your mother can file an application for grant of probate of the will (though for the properties located at Delhi, probate is not mandatory as per law).

3. If probate is granted in the name of your mother then as per the Court order, she will be considered as the title holder of the said property.

4. In fact, property is not registered but deed of conveyance duly transferring the title of the property is registered and in the instant case there is no deed of conveyance but the will of your late father.

5. So, you and your sister can execute and register a settlement/relinquishment deed in favour of your mother without mentioning about the will and in that case your mother's name will be recorded as the title holder of the said property in the records of the registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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