We have our house in delhi which was bought by my dadaji in 1950's but he misplaced its original registry and we only have a copy of the registry, also last will of my Dada ji is on my Dads name along with power of attorney, house tax mutation, electricity bills etc....so how can we register a new registry on my dads name?
Asked 3 years ago in Property Law from Delhi, Delhi
1) on basis of grand father death certificate and will apply for mutation of property in name of your father before revenue authorities
2) probate of will is not mandatory in delhi
3) notice will be issued to all legal heirs .
4) if no no objection is received property would be mutated in your father name
1. Lodge a Police Complaint for the loss of original documents and take an acknowledgement.
2. Give a Public notification in leading newspapers in English & regional language about the loss of original documents of the property.
3. Obtain certified copies of Sale Deed etc., from the Sub-Registrar's Office.
4. Get the Probate of 'WILL' in your father's name.
5. Apply to the Municipal Corporation of Delhi for change of name in the Khata for the property from your dadaji's name to your father's name, by producing 'WILL' executed by dadaji, alongwith POA in your father's favour.
6.The municipal corporation may insist for NOC from other legal heirs to the property to mutate the property in your father's name in the records of the municipal corporation.
7. After getting the Khata in your father's name, a copy of the same may be given to other departments, to enable them to change the name from dadaji to your father's name in the Electricity bills etc..
1. Get the Will probated first as Will without Probate has no value.
2.Then once Probate is granted your father can apply fr mutation of the property in his name.
3 There will be no separate registry in your father's name as he with the death of your Dadaji has already become its owner.
1. If the property has been mutated in your dad's favour it completes the process of transfer of ownership.
2. When the property is transferred through inheritance to someone it has to be mutated in favour of the beneficiary. No fresh registry can be made in his favour.
Based on the Will he can have it registered on his name but not on the basis of power of attorney if your dadaji is no more living.
The will need not be probated but in the event of the same is being disputed, he has to obtain grant of probate of the will through a court of law.