You need to challenge the same in court and file suit for cancellation of the sale deed if any for such ownership
Mt father will was probated in singapore & dehli by my mother & per his will my mother & we 4 brothers were beneficiary . my mother died before she could transfer or register & mutation the property the immovable property in Delhi . the property tax is still coming in my dad name so did my mother become owner without registration or my father is still the owner ? his will specified that even if my mother doesn't leave a will upon her the death the property shall belong to only we 4 brothers , is his will accountable ? my mother also had a will but was not valid as it didn't have the signatures of the 2 witness but it also stated the same as my fathers will .. without registration or transfer & mutation of property can one be declared owner in delhi ?
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You need to challenge the same in court and file suit for cancellation of the sale deed if any for such ownership
Mutation in revenue records does not confer title to property
2) on father demise your mother and 4 children were beneficiaries
3) you would be owners of property as per probate orders passed by court
4) on mother demise property would devolve on you and your siblings
5) apply for mutation of property in your name enclose probate order passed by court , death certificate of father and mother
1. Since Father's property was not duly mutated /transferred, the current status of Father's property shall vest with his four sons, for all purposes, without any reference to deceased mother's share ratio. (Mother's WILL is legally infructuous and null & void, due to lack of compulsory two witnesses).
2. Submit property application, affidavit, copy of probate, copy of will and other relevant documentations to the Revenue /Municipal authorities, for proper Mutation /Transfer in joint names of 4 brothers. This should not be delayed.
3. AFTER point no. 2, submit mutated /transferred documents of property to relevant authorities for change of their records & registers. Further Four brothers should reflect the property in their personal income tax returns, for it to be legally enforceable for all futuristic purposes.
My father's will was in my mothers favour & upon her death then in favour of we 4 brothers . She got the will probate but the property not registered in her name in delhi & she died . In delhi is registration of prop is compulsary ? Is my mother owner even thou the property is not registered in her name but my late father's . can we register the property using my father probated will . can any one challenge a probate will ? We brothers are technically owners but not registered owner same as our mother & so what's the law of property ?
1. There is no need for registration of property, since it is not transferred on basis of any Sale /Gift /Release Deed/s. Property shall be transferred based on the probate of will, since probate decree is legally final for all futuristic purposes.
2. Mother's share shall now automatically vest in Four brothers name, in EQUAL proportions.
You can register the property based on probated property
2) probate would be final
3) it is necessary to peruse will to advice further
Since your mother is also not living, you all can inherit the property directly without operating the Will on your mother's name as it is again the question of her own legal heirs which are none other than your father's legal heirs who are going to inherit the properties left behind.
Therefore you all can obtain a legal heirship certificate and can apply for mutation of property on your names directly from your father's name.
There is no illegality in it.
For the property being inherited or acquired through a Will, no registration is required.
The legal heirs/beneficiaries are automatically the owners of the same, s a simple mutation entry in the revenue records will be sufficient to prove the title that devolved on the legal heirs of the deceased property owner.
1. Since your mother has died intestate, all the 4 brothers will equally inherit the properties left by your late father.
2.The property is still standing in your late father's name in the records of right since no further deed has been registered for changing the title and the name of the owner has not been mutated yet.
3. Collect legal heirs certificate from the Ward Counselor of your local Municipal Corporation and file application for mutating the name in favour of all the legal heirs of your late father duly submitting his death certificate.
4. Thereafter if you register a partition deed, all your names will be feature with the records f the Registrar as the title holders of the partitioned properties.
1. Property does not get registered, the deed of conveyance or will is registered showing who is/are the holders of the title of the said property.
2. If your father has written the will in favour of your mother then he can not state who will own the said properties after the demise of your mother unless your mother had got only the living rights when the said property has been willed in favour of all 4 of you.
3. If you 4 brothers are the only legal heirs of your parents property then the said property will be equally owned by all 4 of you.
4. Otherwise, all the legal heirs of your parents will equally share the title of the properties left by your parents.
Hi
No one can be the owner of any property without registration.
In your case .... yes you 4 brothers can get the property registered in your name by presenting the will of your father.
Do go any deep in the matter.
Initiate the registration process on basis of will.
Property will be registered equally in 4 parts among you 4 brothers.
Thanks
Hello
*As per your father's will property should be transferred to four brothers after your mother's demise.
*I don't see any problem in transferring the property under your name. we can help you in this matter
*If property was transferred under your mother's name then we would look at your mother's will's. So it is not required.
1. The property still belongs to your father as tax is still on his name.
2. Yes your father will can still be executed and you can apply for mutation of property on name of beneficiaries.
1. Mutation is relevant only for revenue purposes, for collection of property tax and other taxes pertaining to property. It is not a document of title and does not create or extinguish title.
2. Since your mother died intestate her share devolved equally on all her 4 children.
3. The 4 children should now apply for fresh mutation of inheritance.
After the will was probated mother along other beneficiaries as stated in will were owner of the property. Yes per will you 4 brothers can get property mutated in your favor.
See mother is legally owner on demise of the father though condition was specified by father that after her demise property goes to 4 sons so accordingly the property can be mutated. See you are owners you can just apply for mutation of the property.
Mutation of a property in the revenue record does not create or extinguish title nor has it any presumptive value on title.
file the application and pay the requisite stamp duty with a prayer to grant probate in favour of all 4 brothers.