Here are the facts of the case: My Self: Mr. A Original Allotty of DDA Shop (being purchased): Mr. B (His wife has died, have 2 sons and 2 daughters in total) His Son: Mr. C Mr. B who is the title holder has died and so do his wife. He has 4 children (2 sons and 2 daughters) and before death, Mr. B made a registered will in name of Mr. C (his eldest son) as the absolute owner of the property after his death. They have not applied for probate of this Will but have got the property mutated on his name using the registered will. 3) Documents provided by Mr. C: 3.a) Registered Will 3.b) Death Certificates of Mr. B and his wife. 3.c) Successor Certificate (from Tahsil) 3.d) Original Allotment Letter of DDA 3.e) Conveyance Deed 3.f) Mutation Copy Mr. B wants to sell this acquired property to Mr. A. Here are the queries: 1) Can Mr. C sell the property to Mr. A in Delhi (though he has not got the property title transferred to his name in the registrar office)? 2) How can Mr. A ascertain that the remaining legal heirs do not make any future claims to the said property post sale? The other heirs are in agreement to visit the registrar office in case Mr. A wants them to sign any NOC etc. 3) In short, should Mr. A go ahead and purchase this property?
Mr. A should proceed to buy the property only after Mr C gets a decree of probate from testamentary court in his name declaring him as the sole and rightful owner of the property by virtue of the will left by the deceased father.
Without getting a decree of probate,The other legal heirs can challenge the will at any point of time and thus the property would be under litigation for the number of years.
probate of will is important and if the property was sold by the legal heirs without the probate and proper execution of will then the other legal heirs at any time may challenge such transfers of property.
1) mutation of property should be done in name of C
2) C should apply for and obtain probate of will
3) probate is judicial proof that will is genuine
4) then only should property be purchased
Thanks for your answers. Probate normally takes a longer time, can we instead get a relinquishment deed registered, though I understand that a registered will is also available. Or get an indemnity bond signed by their legal heirs? Your advise?
Better go through relinquishment deed.
1) probate takes around 6 months
2) other legal heirs can execute consent affidavit
3) in the alternative other legal heirs can execute registered relinquishment deed
Dear Client,
I think you are mistaken -- Mr. B wants to sell this acquired property to Mr. A. Here are the queries: -- B is no more.
C is absolute owner by virtue of and can sell it to any. Non transfer of name dose not effect his title.
Other heirs have no claim in the property and if they raise claim in future, no use but for a precaution make them witness in the sale deed.
Go ahead - title clear.
Why go for probate, not compulsory in Delhi. And executing relinquishment deed mean, beneficiary Mr. C refuse the testamentary succession. And in this case all will get 1/4th share. More Complications.
Mention in the sale deed, how C got the title and his other heirs confirmed, WILL Is true and make them witness in deed.
Dear Sir,
My answers are as follows:
Ans: Yes he can sell if other shares sign sale deed as consenting witnesses or issue NOC in favor of Mr.C
Ans: Taking NOC on a notarized paper which is weak but take registered relinquishment deed from remaining legal heirs.
Ans: It is better to follow above instructions otherwise Mr.A has to face trouble in future.
1. Yes he can sell based on the mutation and there wont be any transfer of title in registrar office he can get mutation and allotment transferred to his name from DDA.
2. Mr. A can take an Affidavit in form of NOC from remaining legal heirs to protect its rights.
3. Yes there is no problem if there is registered will in name of C even NOC is not required MR, A can go ahead.
Relinquishment deed would be invalid as there is no right when there is registered will and further indemnity bond and NOC are sufficient. Relinquishment deed is not option here. See if seller is ready he can take a probate though not necessary your rights are protected when there is registered will,
1. C the beneficiary of the property through theWill, acquired the property and got it mutated to his name, thus he becomes the absolute owner of the property with clear and marketable title on his name, hence as an abso;ute owner he can very well sell the property by executing a registered sale deed in favor of the prospective buyer.
2. The Will has been probated, the other legal heirs have already given NOC to the revenue department to mutate the property on the name of C, further they are ready to give an affidavit to this effect, then what is the problem for A to buy the property?
3. A can obtain a legal opinion from a local lawyer by producing the relevant documents before finalising the deal for purchase.
If you want to exercise abundant caution, you may better get an indemnity bond from other legal heirs about the future litigation and the costs towards it in this regard, as a matter of fact it is not necessary.