Hi, My grandfather purchased a plot and built house in Thane, Maharashtra. He had 2 sons and 3 daughters. My father is one if it.As per my grandfather's registered will, after his death my father will be the owner of the land/ house. My grandfather died in 2005, but my father has still not transferred the property and is still staying in that house. Now my father wants to redevelop/ sell the property. So do my father needs to take NOC from his siblings for transfer of the property in his name, even if there is an registered will ? Is updating name on 7/12 extract the same as transfer of property ? It has been updated with my father's name. Property card still has my grandfather's name. Will my father need an NOC from his siblings to update it in his name ? If my father do not transfer the property in his name even after the registered will---After my father's death, can I or my mother lay claim to the property and transfer in my or my monther's name ? (I am the sole heir to my father/ mother). Or can my father's siblings or siblings heir's lay claim on the property after my father's death ?
The property was ancestral which was given to your father by your grandfather. Therefore no need to take noc as the property belongs to your father.
He should transfer it in his name. Name change in the municipal records or after mutation does not affirm ownership rights.
He should file for probate and obtain lettters of administration.
Nobody can take away the property as it was willed to him.
1.If the property is self acquired and the will is registered then no need of anyones permission.
2.Yes. After transfer updating takes place
3.Yes if it's a joint property
4. Yes you and mother can claim yes
5.yes siblings can only if it's a joint property
1. Your father either require to probate the will of grand father or he need NOC from his siblings
2. Yes update of mutation record is same as transfer of ownership of property as reason for transfer is also mentioned in the records.
3. If 7/12 extract have your father name mentioned as owner then he doesn't need NOC from his siblings of updating name on property card.
4. Yes you can claim the property even if your father doesn't execute the will of grandfather.
5. No they cannot claim anything from property of your father.
Mutation of Property in my father's name has already been done and is updated on 7/12 extract and all details of the transfer are available on Form 6. 1) Does it mean the title to property is in my father's name ? 2) Does it gives ownership right to my father ? 3) Can my father sell the property ? 4) Will he require permission or NOC or probate from siblings. 5) Can his siblings raise objection to the sale ?
To redevelop the property your father needs to apply for probate of will
2) probate is judicial proof that will is genuine
3) your father will have problems in sale of property if will is not probated
4) his siblings can execute consent affidavit in testamentary petition
5) father would need NOC from his siblings for change in property card
6) on father demise you may have problems from your father siblings if no probate is obtained of will
Mutation does not confer title to property
2) it is only for payment of property taxes
3) your father siblings can object for sale
4) hence advised you to apply for probate of will
1) Your father require NOC from his siblings.
2) Your father has to apply for probate of Will, probate is proof which will accept the Veracity of Will.
3) Your father will have to face problem if Will is not probated from his siblings followed by you and your mother after his demise.
4) Your father's siblings can give their consent in the form of Affidavit.
5) NOC from his siblings is required.
6) He cannot sell / redevelop the property without NOC from siblings.
7) Siblings can raise objection to sell if NOC is not taken.
Even if there is a registered Will, it needs to be proved ad the last Will of your GF by having it probated
Mere registering the Will does not dispense with its proof
So all the legal heirs of the GF will have to give their consent affidavit stating that the Will is true and genuine Will of your GF and they have no objection if property named in the Will is transferred to your father's name who is a legatee in the Will
Even for mutating name in 7/12 the NOC of legal heirs would have been taken by the revenue officer
However 7/12 is not an ownership document. It does not confer any title on the person whose name reflects in 7/12. It's only for revenue purposes and nothing else
The property which is bequeathed under the Will will be required to be transferred to the legatee by registering a transfer deed in his name. That confers ownership right on the legatee
That can happen only if the Will is probated
Only thereafter can the name of the legatee be entered in property card records
Without a registered title document in your father's name, after his demise, his legal heirs who are you and your mother will find it difficult to either sell the property or enter your names in property card
Thus proving the Will, despite it being registered, by applying for probate is essential
1. If the will is a registered will then your father should apply for transfer of certificate of mutation in his favour. He does not require NOC from other heirs of his father.
2. If,however, the will is not registered then revenue authorities will seek either probate of the will if or NOC.
3. Your father is the absolute owner of property, hence he can sell it after mutation is done in his favour.
4. Siblings of your father will have to challenge the will of their father on the ground that he either had no competence to bequeath the property or his consent to will was not a free consent. Your father should file a caveat in the competent civil court if he apprehends that his siblings may file the suit and seek a stay on creation of third party rights.
1. A registered WILL is final & irrefutable PROVIDED it is not challenged. All the residual legal heirs are bound by such WILL, UNLESS the WILL is challenged.
2. There is no need to take NOC from any of the legal heirs, PROVIDED the will was duly registered.
3. All the Father's immediate Legal Heirs are, by legal default, entitled to stake claim on such property by Father.
4. IF property is already mutated /transferred in Father's name in the Revenue /Municipal records, by basis of WILL, THEN it is final & conclusive, for all futuristic legal purposes and nothing is left to be done any more.
1. Father can obtain a probate of the will to avoid dispute in future. Also he can based on registered will update municipal / revenue records to transfer on his name .
2. No NOC for updating property card is required if any objection or demand of NOC is there probate can be applied before the court.
3. Yes after father's demise legal heir of father can apply for transfer of the property in their name. The legal heirs of other siblings have no right in presence of the will.
1. Yes the title is transferred to father.
2. Yes based on mutation and registered will he can sale, transfer gift or will property as per his wish.
3. Yes he can.
4. No NOC is required though if buyer insist then you may have to file for probate.
5. As such they have no claim though if they raise claim apply for probate.
The revenue authorities will be insisting on NOC from other legal heirs even if the Will is by a registered instrument, hence it would be better that you get NOC from other legal heirs of your deceased grandfather.
Updating the 7/12 records is nothing but mutation of property on your father's name, then what else are you concerned about?
Once the 7/12 records is updated to your father's name, you can submit an application to update the property card also for updating it on the basis of the current revenue records.
Since the property has been transferred to yor father's name on the basis of the registered Will they may not be able to claim anything in it.
1. Yes, as per your contents, the title of the property has been transferred to your father's name.
2. Yes,
3. Yes.
4. On the basis of the information provided by you, your father need not obtain consent or permission or NOC from his siblings to sell the property.
5. What they can do cannot be predicted but you can challenge their claim and get it dismissed.
1. Yes
2. Yes
3. Yes
4. If challenged by any siblings then it can lead to testamentary suit
5. They may depending on the situation and their relations
1. Yes title of property is on your father's name.
2. Yes but your father have to execute a declaration deed on his name for marketable title.
3. Yes.
4. No
5. No
No mutation doesn't mean that title belongs to him. He cannot sell the property based upon mutation. No ownership rights.
Therefore file for probate and on that basis title should be transferred.