• Should I re-title our house in Delhi to my mother's name

Our residence in Delhi is in my Dad's name. 

His Will clearly states that the property will go to my Mom. 

He has unfortunately passed away recently and I am wondering if its ok to leave things as they are or is it safer for my mother's sake to change the title/deed in her name?
Asked 11 months ago in Property Law
Religion: Other

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17 Answers

SINCE wILL IS IN HER NAME, GET THE wILL PROBABTED IN HER FAVOR BY APPLYING IT TO TEH COURT AND GET THE TITLE IN HER NAME. 

Devendra Singh
Advocate, Mumbai
39 Answers

4.3 on 5.0

Mutation should be done in your mother name on demise of father on basis of father will 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Yes through will she can easily mutate Or transfer the same in her name

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

The intention of preparing a Will was to transfer the property in favor of the beneficiary.

Thus when the Will becomes enforceable then she automatically becomes the owner of the bequeathed property.

However she has to apply for transfer of revenue records to her name from the her deceased husband's  name  by submitting an application along with the copy of the Will and the death certificate of the deceased owner before the jurisdictional revenue department.

Once the revenue records are transferred she can transfer other records to her name following the procedures therein

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

 The property is validly inherited by your mother and there is no such procedure to get the title deed in her favor.   The Will is a valid document and needs no probate in Delhi.  Had there been no Will, the property would have inherited by all the legal heirs of your father,  that is, your mother,  you and your brothers and sisters, if any.  In that event,  all the siblings can relinquish their share in favor of your mother by executing Relinquishment deed and that is read with the original sale deed in favor of your mother. 

 

 

 

Dalip Singh
Advocate, New Delhi
1053 Answers
36 Consultations

5.0 on 5.0

If your father has bequeathed the property to your mother by a Will, after his death, it passes on to your mother by operation of law and nothing more needs to be done to secure her title.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

- If the said WILL written by your Dad having two attesting witnesses , then it is valid for transfer the house in the name of your mother . 

- Hence, you can apply for mutation in the name of your mother after submitting death certificate of father and the said WILL photo copy etc. 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

change the title for avoiding future disputes

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Not rated

Dear Client,

                 If there is already a will stating that the property will devolve on her, there seems so necessity to change title deed on her name before her. You can simply go ahead with execution of the will and probate etc.

Thanks & Regards

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

It's not necessary if you have a will Or nay other documents

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

If you have will executed by deceased father then on basis of will mutation can be done in your mother name 

 

local lawyer can guide  you whether surviving member  certificate is necessary or not 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Mutation in MCD is only for the purposes of house tax only and Mutation in MCD does not confer title. Pay the house tax online in the name of your mother, thats all and keep the receipt.  

Dalip Singh
Advocate, New Delhi
1053 Answers
36 Consultations

5.0 on 5.0

As the beneficiary under the Will your mother inherits your father's property automatically upon his death by operation of law. However, for effecting the change of ownership in Revenue records, your father's death certificate and legal heir (survivorship) certificate are necessary. If you wish to avoid unnecessary hassles in getting the survivorship certificate, you may engage a reliable agent.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

If the surviving member certificate is insisted upon by the MCD, then you can prepare a family tree certificate affidavit in this regard and get it notarised by a local notary public and submit an application before the concerned revenue department of the MCD within which jurisdiction this subject falls, with an application, along with the death certificate and this notarised family tree certificate and request for surviving certificate or legal heirship[ certificate which would suffice the requirement 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Dear Client,

                 Legal heir certificate or Surviving member certificate is needed to transfer the assets of a deceased person to the legal heirs if there is no will of a deceased person.egal heir certificate is granted to identify the beneficiaries of the testator, whereas a succession certificate is conferred to establish the legality & validity of the beneficiaries and impart them rights related to assets and securities of the testator.In essence they are the same thing and can be used for the same purpose. The legal heir certificate may be obtained from court while the the surviving member certificate is obtained from the office of DM. The surviving member certificate is faster and easier to obtain.As per Section 370 of Indian Succession Act, when the deceased person has left a validly executed Will , the entire estate of the deceased person under that will vests on the executor of the will and in such cases Succession Certificate cannot be granted.A Succession Certificate granted under Part-X may be revoked on the grounds enumerated in section 383 of the Act. The order refusing or revoking a certificate is appealable under section 384 read with section 388.Transmission of share could be valid without obtaining succession certificate. However Board of Directors should ensure that sufficient evidence has been produced by the legal heirs.

Thanks & Regards

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

Dear querist,

since in your query you have mentioned that there is a will. (registered or unregistered). However, it has no effect as to the registration. since you have mentioned that the testator has bequeathed the property wholly  in the name of your mother. if the property is in Delhi,  there is no requirement for the probate of the will. however,you have been advised as to getting the surviving member certificate from the McD which is done just as a precautionary measure so that while mutation is being done by the government authority no objection is raised by the authorities. It is advisable that you should get the the surviving member certificate from the MCD as that will be creating a proper chain of the transfer of the property in the name of your mother. 

 

In case you require my assistance in the matter, i can be contacted through my google profile.
Link of the same is attached for your reference as:

https://g.co/kgs/ZMWUyY

Your kind review will be appreciated.

Yuganshu Sharma
Advocate, Delhi
422 Answers
1 Consultation

5.0 on 5.0

- When a person suddenly dies intestate i.e. without leaving a WILL , then a Legal Heir Certificate is required for claiming the properties & assets of the deceased to his family members /legal heirs.         

- However, as the said WILL is not Probated , then they may ask for Legal heir certificate i.e. Surviving Member Certificate

- You can apply after enclosing the following documents i:

1. Signed application form

2. Address & Identity proof of the applicant like, Aadhar Card, Voter Card, Driving license, Passport etc.

3. Death certificate of father

4. Address proof of father

5. Date of birth of all the legal heirs of the deceased

6.Self undertaking of the applicant

- Any legal heirs can apply for getting this certificate 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

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