• How to have the property card transferred in my name

Hi, 
I am an Indian origin Kenyan national. My grandfather owned a property in a town in Haryana. He passed away 4 years back and then my grandmother passed away too. As per his will his entire estate is to be transferred in the name of my brother and myself.

The will has been probated in kenya with the complete grant as well. I have now come to India to transfer this property in our name.

Can some one please guide me, on what is the process for doing this and exactly how long does it take to get the job done, if all the docs are in order.

Thanks
Virender
Asked 1 year ago in Property Law from Yamunanagar, Haryana
Religion: Sikh
1) you have to make application for mutation of property in your name and that of your brother 
Before the local authorities 

2) enclose your grandfather , grand mother death certificate , will and probate granted by court 

3)Indemnity bond on stamp paper of requisite value wherein executant indemnifies the municipal corporation in the event of a dispute arising from the mutation made upon his application is sought. A rough site plan showing the different portions of the building, with details of those occupying these portions, may also need to be furnished.

4)  Affidavit on stamp paper of requisite value attested my a Notary

5) Receipt of up-to-date property tax payment 

6)A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than 15 days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in the prescribed format.  In case no objections against the proposed mutation are received, it is sanctioned.

7) it may take around 6 months for mutation of property in your name and that of your brother
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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You may obtain certified copy of the probate order passed by Kenyan Court, apply for ratification in the Indian court (if necessary) or can move an application for mutation of revenue records of the property with the jurisdictional Revenue department or Tahsildar's office, take possession of the property by arranging for demarcation trough government surveyor and make the village records updated if it is an agricultural landed property or the Municipal records if it is house property. Get the property registered on your names after mutating the revenue records.  All these process are time consuming as they involve a few government departments.  A local advocate who is well versed in such dealings may be able to guide and help you is you contact a genuine one and get your job done perfectly as per law. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1. If the will is in respect of a property situated in India the probate can be sought only from the Indian court. Kenyan court's probate does not have a legal validity in India.

2. Apply for probate to the competent court in India and then divide the property in terms of what has been laid down in the will. Mutation can be applied in accordance with the will. It should not take longer than a month for mutation application process to complete.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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