A petition (For Succession Certificate ) needs to be filed with the district court or high court within whose jurisdiction the asset is located. The name and relationship of the petitioner, the names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.

If it is a registered will then the property can be transferred to your name as per the Chandigarh housing board rules.

If the same is not registered then get the same probated and approach the CHB.

Regards

If the will is unregistered you need to get a probate from the jurisdiction sessions court Thereafter approach concerned authorities to change property to your and your mother's name.

hello

the property is in your and your siblings' name. file a probate and obtain the necessary documents an then you can divide the share amongst yourselves.

regards

You will have to get probate from Civil Court if the will is not registered.

After probate, the property can be transferred in,your name.

If will is registered, that alone would suffice.

1) Your sister can execute relinquishment deed to relinquish her one third share in property

2) Relinquishment deed should be duly stamped and registered

3) Then app,yore mutation of property in your mother name and your name

4) Enclose father death certificate

5) latest receipt of payment of property taxes

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

HI,

You may get relinquish deed from your sister and approach to registrar's office for mutation of property on your and mother's name. In not done by this process, you may have to file the case of will probate and declaration.

1) First you have to get legal heirship and succession certificate from court, plus get the WILL probate by way of applying File the Will With Your Local Probate Court.

Hello,

File a probate case , there wilk be an executor of thw will who have to file a probate suit.

Regards

The property as per will goes to your father and after his death will be divided in mother and children for your father's share.

In case your sister is not interested in the property and provides NOC or relinquishment deed in this regard then the property can be transferred to the remaining shareholders.

Please keep in mind that all of you are entitled to one third of the building not of the whole building

Sir the property need to be mutated in the name of firstly three brothers and since your father passed away it shall be further mutated in name of all his legal heirs that is your mother , brothers and sister. An application has to be preferred before the Supretendent city survey to update the property card in muncipal limits. Along with the death certificate of all 3 ,certified copy of will and Affidavit if asked.

Further if sister and brother doesn't want they have to make a registered relinquishment deed in your and mother's favour.

Firslty, as per the information mentioned in the present query, makes it clear that the property was not an anscestral one for your grandfather also ( meaning here y is that he also bought it as d self acquired not got from his anscestors).

Secondly, now, your grandmother has also passed away without living any will.

Thirdly, property will be divided between all three brothers.

Fourhtly, as your father has also been passed away, you need to get the legal heir certificate from the court as legal representative of your father.

Fifthly, then you will be allowed share for your father then you may decide as to whom it should get registered.

1. Will executed by GrandFather CANNOT be changed by GrandMother, in anyway.

2. Execute a Registered "Family Settlement Deed", between ALL the residual legal heirs, delegating portions of the property, by mutual consent & signatures, wherein selective property piece's can to given to respective persons. This will be sufficient for all futuristic legal purposes and shall remain irrevocable by the signing parties.

Keep Smiling .... Hemant Agarwal

you will have to produce the true copy of the Will and death certificate of your grandfather, grandmother and your father alongwith certain documents described below to the competent authorities to transfer and mutate your name in the property records

the other documents are - NOC Affidavits from all the legal heirs of your grandfather and your father (i.e your sister) stating therein that they have no objection if the property is mutated to your name on the strength of their NOC and the Will

if the legal heirs of grandfather are not traceable then you can issue a public notice in local newspapers inviting objections against the proposed transfer to your name

if there is a will then property will be divided equally in Three sons,The grandchild of the grandfather shall be entitled to get share of his predeceased father.

This is my response to you:

1. You will have to obtain NOC from all the three brother's name;

2. You will also need to obtain NOC of all legal heirs of the others;

3. Obtain NOC of your sister too;

4. You will need to discuss the family tree, the shares to each one;

5. Consult a local lawyer, show him/her documents and then take legal steps;

6. Only after obtaining the NOC or deed of relinquishment then only the transfer and mutation entries can be made.

If the property has been bequeathed on three brothers' names, then it should be your father and his two more brothers.

Therefore your father cannot become an absolute owner to the entire proeprty.

Your father's share of property can devolve on all his own legal heirs.

His share of property, if you and your siblings want to transfer to your mother's name, can jointly execute a registered release deed relinquishing the rights in it.

Before that you have to identify your father's share ion the property, for that you have to arrange for a partition among the shareholders.

The mutually agreed partition deed to be drawn in writing and get it registered.

Once the partition is made then you people can get the proeprty records mutated to your names by submitting an application to the revenue department along with the NOC executed by your unwilling sister.

After such transfer you can transfer other records like water tax, electricity etc.

1. The property still stands in your deceased grandfather's name who has died after executing a will.

2. Grant of probate shall have to be obtained first from the Court which will make the said will legally valid.

3. Without the grant of probate, a will has no value more than a scrap paper.

4. After obtaining probate of the will, all the legal heirs of your deceased father can file a partition suit claiming partition of your deceased father';s share of your deceased grandfather's properties dividing it even in your individual names by metes and bounds.

5. Once the shares of the property is divided by metes and bounds in your individual names, you can mutate your names with the local Municipal Corporation and also BLRO.

Dear Sir,

The following information may kindly be read and it will helpful to you,

TRANSFER OF PROPERTY ON DOCUMENTS REQUIRED

FOR TRANSFER OF NAME ON DEATH

Dear Sir,Madam,

Following are the rules framed by DDA itself please follow the link where format of affidavit also given. Similar rules being followed by other authorities also. Nothing to worry.

GUIDELINES FOR

TRANSFER OF REGISTRATION

IN DEATH CASE

HOUSING DEPARTMENT

DELHI DEVELOPMENT AUTHORITY

TRANSFER OF REGISTRATION IN DEATH CASE

The following documents are required to be submitted:

ß Affidavit on Non-judicial stamp paper of Rs. 10/- regarding survived legal

heirs from the transferee duly attested.

ß Consent letter on Rs. 100/- non-judicial stamp paper from other Legal heirs

duly registered.

ß Indemnity Bond on Rs. 100/- non-judicial stamp paper from the transferee

duly registered.

ß Registration certificate in original.

ß Fixed Deposit Receipt in original.

ß Death certificate in original.

ß Photograph and specimen signatures of the transferee duly attested.

ß Documentary evidence of relationship i.e. attested photo copy of:

ß Ration card.

ß Passport, etc., or

ß School Leaving Certificate, etc.

AFFIDAVIT

Affidavit of ______________ s/o ___

https://dda.org.in/docs/REGTRANSFER.pdf