• How to get the land registered in my name?

Hi There! My grandfather had a land bought by him .
He wrote a will before his death and devided the land equally among my mother and my mausi (my mother's elder sister) being only two daughter of my grandfather. Now my mother is no more and the land is still registered to my grandfather'name. I have only the photocopy of will and all other documents of land. 
Now since I have to apply for loan to build my house ,I need the land to be registered . How to proceed in this case?
Asked 1 month ago in Property Law from Patna, Bihar
Religion: Hindu

Apply for mutation of property in name of legal heirs 

 

2) enclose death certificate of grandfather, mother 

 

3) latest receipt of payment of property taxes 

 

4) if no objections are received mutation would be done in name of legal heirs 

Ajay Sethi
Advocate, Mumbai
74617 Answers
4462 Consultations

5.0 on 5.0

The share of your mother out of her father's property shall devolve equally on all her legal heirs equally.

Since the property was not partitioned between your mother and her sister as per the Will, you can file a partition suit seeking division of property into two shares on the basis of the Will written by your grandfather and seek separate possession of your share.

The legal step to file  a partition suit can be filed only if your aunt is not agreeing for an amicable partition.

If she is agreeing for an amicable partition, then draw a partition deed accordingly and get it registered after which the share of your mother can be mutated on the names of all her own legal heirs. 

Then you can apply for home loan from bank based on the said registered document.

 

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

1. the property shall devolve equally among your mausi and legal heirs of your mother i.e. you+sibllings+father, if alive,

2. file a civil suit for the partition of the property on the basis of the WILL,

 


once the property is partitioned, you can get your share registered in your name and can get a loan from the bank satisfying all requirements for the loan,

Suneel Moudgil
Advocate, Haryana
2076 Answers
3 Consultations

4.7 on 5.0

See you need to get the probate of the will based on same after the will is probated the land shall he first mutated in name of mother and mausi and after same based on legal heir certificate of mother and death certificate the property can be mutated in name of legal heirs of your mother.

 

Shubham Jhajharia
Advocate, Ahmedabad
24355 Answers
96 Consultations

5.0 on 5.0

1. You may prefer to execute a Registered "Family Settlement Deed", between you and Mausi, with strategic clauses, on the property distribution, based on the available documentary evidences.

2. AFTER, above based on the  Registered "Family Settlement Deed", apply for proper mutation /transfer of property in your and Mausi's favor in the Revenue /Municipal records.

3. AFTER above, you may be able to construct house, take loan, whatever ....

 

Hemant Agarwal
Advocate, Mumbai
4364 Answers
23 Consultations

5.0 on 5.0

Having deal of the property is good enough to transfer the property in your name even in case your grandfather did not have any wheel update property after his demise the property will have to be transferred to the legal heirs which are two daughters as your mother is no more so the property will be transferred to her legal heirs you can file a civil suit in this regard and very soon you will get order from the court to transfer the property in the name of the the legal heirs of your mother no property can be without the title holders as your grandfather has been demised and your mother too the property should be transferred in the name of the legal heirs of your mother

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

First get Probate of the Will done from court of law. 

Then get mutation done in name of your mother on the basis of the sid Probate. 

Thereafter only you can apply for loan making the property as co lateral security. 

Devajyoti Barman
Advocate, Kolkata
19614 Answers
278 Consultations

5.0 on 5.0

 you have to apply for legal heir certificate in court and after obtaining legal heir certificate. you can apply for mutation on mother's legal heirs.

 

Mohammed Mujeeb
Advocate, Hyderabad
15611 Answers
7 Consultations

4.5 on 5.0

Probate is not mandatory in Patna 

 

Deed of family settlement can be executed duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
74617 Answers
4462 Consultations

5.0 on 5.0

In case there is no objection and property based on will is mutated in your favor by concerned revenue authority then in that case probate is not mandatory. 

Shubham Jhajharia
Advocate, Ahmedabad
24355 Answers
96 Consultations

5.0 on 5.0

Probate dose not require. Apply for legal heir certificate and apply for mutation of land in govt. Records. Copy of Will and legal heir certificate will enclosed. Land will transfer in joint ownership of you and mausi.

This is the only thing need to done.

Yogendra Singh Rajawat
Advocate, Jaipur
18583 Answers
22 Consultations

4.6 on 5.0

You need to seek succession certificate from court or if you have will you can do that without succession certificate 

Prashant Nayak
Advocate, Mumbai
18702 Answers
34 Consultations

4.6 on 5.0

- As per law, after the death of your mother , he share in the  property will be divided equally among her legal heirs, i.e. son, daughter , father 

- If you are only legal heir , then there is no problem , otherwise you should take release deed in your favour from other legal heirs of your mother .

- Since you and your  masi has already entered into a Mutual family settlement , hence on this ground , you should apply for mutation of the property , after submitting death certificate , family settlement and proof of occupation in the property. 

-  However , if the Mutual family settlement is not registered , then you will face problem for taking loan , hence before apply for mutation , get it registered from the office of Registrar . 

Mohammed Shahzad
Advocate, Delhi
2600 Answers
35 Consultations

5.0 on 5.0

There is no need for probate of Will.

However you may draw a formal partition deed between you both and get it registered.

After registration of the partition deed, you can apply for mutation of the revenue records to your name and then apply for home loan with the bank.

The bank will be convinced about it then only.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

Then make a mutual deed of partition. 

Devajyoti Barman
Advocate, Kolkata
19614 Answers
278 Consultations

5.0 on 5.0

Hello,

You can do two thing one is jointly file a declaratory suit else file a probate suit.

regards

Swarupananda Neogi
Advocate, Kolkata
1632 Answers
4 Consultations

4.7 on 5.0

Obtain a probate and letters administration through tge court and then transfer the property to yourself.

Rahul Mishra
Advocate, Lucknow
8030 Answers
15 Consultations

5.0 on 5.0

Family arrangements are honoured by the courts. If there was a written agreement there is no problem.

Rahul Mishra
Advocate, Lucknow
8030 Answers
15 Consultations

5.0 on 5.0

Dear sir/madam,

In the present conditions, you are suggested to use the will and mutual agreement between you and your mausi for mutation of land on your name and then apply for the loan. You may also, submit the certified copies of these will and agreement to bank and physical verification of land will strengthen you version. 

Ganesh Singh
Advocate, NEW DELHI
4463 Answers
9 Consultations

4.5 on 5.0

Dear Sir,
In case a registered will has been left by the person, the property will get transferred and devolve upon the beneficiary named in the will by the testator. The beneficiary needs to get the mutation done in the records of Municipal Corporation (MCD) and DDA / L&DO. The beneficiary should have the death certificate, copy of property documents (like sale deed, gift deed, power of attorney etc), copy of will in his favour, property tax payment receipts to get the mutation done.

Example: A father makes a registered will wherein he bequeaths his commercial property in Delhi in favour of his son & grandson. After the expiry of the father, the property will get transferred to the son and the grandson on the basis of will and they can get the property transferred in their joint names in the records of DDA and MCD.

However, if the will is unregistered, the beneficiary may have to first obtain a probate of the will from the court to get the mutation of property done in his favour. Obtaining probate is an expensive and a time consuming process and may lead to a long legal battle between the family members with regard to the distribution of the assets. That is why it is highly recommended that each person should get his will registered before its too late.

Example: A mother made a will in favour of her daughter but did not get it registered. After the mother's demise, the daughter went to the court to obtain probate of the will. Some family members challenged the validity of the will and claimed it to forged and fabricated and produced another will in their favour. Now, the court shall decide whose will is genuine on the basis of evidences which will take quite a long period of time.


2. Transfer of property without Will

In case no will has been left by the person, the rules of succession will come into play. As per the Hindu Succession Act, the property will devolve upon all the Class I legal heirs in equal proportion. The legal heirs will have to obtain a succession certificate from the court  for transfer of moveable assets (such a shares, mutual fund units, fixed deposits, bank accounts, PPF, insurance policies, bank locker, jewellery, stocks, demat account etc. )

Example: A father expires without leaving any will. He had properties in Delhi & Gurgaon and left behind his wife, two sons and two daughters. After his demise, the property will devolve  equally upon her Class I Legal heirs i.e. her wife, two sons and two daughters and each one of them shall get 1/5th (i.e. 20%) share in the properties.

In case the daughters do not want any share in the property of their father, they can surrender/ relinquish their shares in favour of the their mother and brothers through a registered relinquishment deed. After the execution and registration of relinquishment deed, the mother and brothers will have 1/3rd (33.33%) share in the property. They can then apply get the mutation done in their joint names in the records of MCD, DDA / L&DO.

 

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

1. First of all the property of grandfather must be partitioned in records between your Aunt(mausi) and legal heirs of your mother.

2. For that either you have to probate the will or you can also make a settlement deed with your aunt after getting legal heir certificate of your grandfather and your mother. 

3. If you already had a mutual agreement between your aunt and you then you can get it registered and get property mutated on your name from revenue office.

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

Hi

Yes.

Get the mutation done on your name of the land on the basis of the will .

Then you can apply for loan on that land.

Thanks 

Rahul Jatain
Advocate, Rohtak
2474 Answers
4 Consultations

4.9 on 5.0

You being legal heir need to apply for mutation of your name and that of your masi in the revenue records.

The application for mutation has to be presented alongwith the Death Certificate of your mother & grand father along with the tax paid receipts.  Upon satisfying with the same and when no objections are received against your application, Mutation of your name will be done in the records.  The same will be  sufficient to suit your requirement.

 

S Srinivasa Prasad
Advocate, Hyderabad
1946 Answers
7 Consultations

5.0 on 5.0

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