Dear Client,
My father passed away and left me his home in his will. My brother and sister will not contest this. I pay all the bills for this home but dont know how i get it transferred to my name.
I dont want to have to go through probate court, looking for the easiest way to get the deed into my name. I was my dads beneficiary for everything. I have the copy of the deed from downtown. I can have my brother and sister sign a relinquishment deed form no problem but i dont know that next steps from there or where to go.
Dear Client,
1) Is it flat in cooperative housing society .?
2) if so you have to apply to society to transfer flat in your name on basis of will of deceased father
3) society may insist that you apply for probate from district court or HC having jurisdiction
4) your siblings can execute consent affidavit that they have no objections if probate is granted
5) probate is judicial proof that will is genuine
6) in alternative your siblings can execute registered relinquishment deed for their share in property
Deed of relinquishment has to be duly stamped and registered in sub registrar office
then you have to apply for mutation of property in your name if it is independent house
enclose father will . , latest receipt of payment of property taxes, consent of your siblings
if no objections are received mutation would be done in your name in revenue records
Based on your father's WILL/ Release Deed executed by your siblings in your favour, apply for transfer of Khata/Patta for the property in your name, as the case may be, in the jurisdictional Corporation/Municipal/Gram Panchayat Office enclosing therewith your father's death certificate, family tree, WILL/Release Deed and pay statutory fee and the property would be transferred in your solely in your name.
If this property is situated in India, you can get your name mutated in the concerned municipal/revenue office, against the name of your father. This process of transfer of name, from your father's to your's is called mutation.
It's better you trasfer it to you through registered family settlement deed making your siblings a party to it.
For mutations record you have to apply for sub registrar office and municipal corporation in City area and for village area tahsildar office and village gram sevak.
If you're WILL is registered than no need to go for probate. You can directly go for mutations process of the property.
You submit an application along with the death certificate, copy of the Will and NOC from your siblings, seeking transfer/mutation of revenue records to your name, to the Revenue department/Tehsildar, who after verification would transfer the revenue records to your name by an order.
You do not have to get probate of the Will.
Your siblings need not have to relinquish their rights in the property.
You can follow the procedure as advised in my previous post.
if you and your siblings are the only surviving legal heirs of your late father, and if your siblings are not going to dispute the Will, then dont disclose the Will and go for registration of release deed by your siblings in your favour
Relinquishment deed executed by your brother and sister in respect of their 2/3rd share without consideration is to be registered in the office of concerned Sub Registrar for which you have to pay nominal stamp duty, registration charges and advocate fee. Registered Relinquishment deed (RD) would be read with the original Sale deed in favor of your father since your 1/3rd share vest in the original sale deed. However, it is made clear that after execution and registration of RD, the Will in your favor become redundant and is not required to be disclosed or made a part of title documents.
- Since, your father has written a WILL in the presence of the two witnesses , then the registration is not mandatory.
- Further, if there is no dispute from your siblings , then the Probate is also not mandatory, specially when your brother and sister executed the relinquishment deed in your favour.
- Hence, you can apply for mutation and transfer the name in the property record in your name after submitting the death certificate of your father and your identity & address proof.