• Property card registration name change

My father passed away three months back Property Card has his name on it .Way back in 1993 when my grandmother passed she had made a will with property share of 25 % for four family members ( myself , my sister , mother and father ).The Probated Will mentions it .

However the executor of the will applied for affidavit with only name of my father on Property . 
Question is can we use the Probate of 1993 for name addition ( of myself , my married sister and mother )
on the Property Card . 

Note : The will by father has given is 25 % stake to my mother ( making her 50 % stake holder )
Asked 3 months ago in Property Law
Religion: Hindu

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8 Answers

Probate is judicial proof that will is genuine 

 

2) property card should reflect nabe of 4 legal heirs 

 

3) you can apply for mutation of property in name of legal heirs as per HC order granting probate 

 

4) but the issue would be what were you doing  for 20 years 

 

5) apply for probate of father will .it would mention that father had only 25 per cent share in property which he has bequeathed to your mother 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Hello, 

  1. You can crispy certainly use the probate of 1993 for addition of names of all of you as an apparent error was committed back then. 
  2. As property card does not certify the extent of ownership, it does not matter if the deceased father has transferred 25% making her owner of 50%.
  3. The fact is that your father could Jane made a will of only whatever was legally owned by him either by virtue of the Will of his mother or otherwise.

S J Mathew
Advocate, Mumbai
3430 Answers
175 Consultations

5.0 on 5.0

You can enter into MOU with developer and then enter into development agreement with builder 

 

2) get MOU vetted by a lawyer 

 

3) ask builder to use his contacts to get the property card in your names .let builder take the responsibility of getting it done 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Execute DA on the basis of succession certificate, legal heir certificate and probate. Mention the fact of filing of probate and case number of probate in DA. Such DA is binding on both the parties.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

Yes you can use the same

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

the property will have to be mutated to include the names of yourself, your sister and your mother alongwith your father

then after you obtain the probate of your father's Will, the PR Card will again have to be mutated to delete the name of your father and insert your mother's name having 50% share and balance 50% being held by the 2 children

you can make a MOU in the meanwhile with the developers before signing the DA

Under the MOU it can be agreed that condition precedent for signing the DA would be that the grantors of development rights have to take steps for mutating the PR card to reflect the correct owners as per the grandmother's and father's Will 

so until the condition precedent in the MOU as aforesaid is not complied, the developer will not get any development rights. But that's the choice of the developer if he is ready to wait for the father's Will being probated and the PRC being mutated to reflect the correct land owners. The developer is exercising his due diligence. Some developers are a bit adventurous and directly enter into a DA despite pending compliance by the land owner, by taking an indemnity from the land owner. But given how matters get blocked in the courts in case of any dispute claim or litigation, many developers are very cautious and want all legal compliance to be in place before signing the dotted line in the actual contract 

Yusuf Rampurawala
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
7074 Answers
79 Consultations

5.0 on 5.0

A probate can be granted only to the executor appointed under the Will

If all the beneficiaries are allotted with their respective shares in the Will as bequest, then the executor cannot get the property card transferred  on the single person's name alone, 

There is no legal infirmity in your father transferring his 25% share to his wife' name in his own Will.

If the property remains undivided, then ion the  basis of the probate of Will, you can draw a mutually agreed partition deed dividing the property among all the beneficiaries and get it registered after which you can get you share in the proeprty transferred in the revenue records as per per procedures of law. 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

If the other beneficiaries decide to forego the Willm and the bequest made therein and would like to go ahead with the intestate succession of entire property, then you all can obtain a legal heirship certificate, get the property named transferred in the property card from your father's name to all the other beneficiaries/legal heirs names. 

You can ignore the Will written by your father and then club all the property as one property on the names of all the legal heirs so that you can easily transfer the name in the property card.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

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