• Removing name from registry

Hello Sir/ Madam,

I have a property in Vaishali Ghazibad which i bought for my parents. It was registered in my and my father name as i was in CANADA. My father passed away few years back . but he made a WILL in my name related to this property which is registered. I have his death Certificate. Is it possible to take out his name from the registry so that i dont have any issue when i am trying to sell this property and i become the sole owner. 

What is the procedure.

Please suggest.

Raj
Asked 1 year ago in Property Law from United States
Religion: Hindu
1) on basis sof father will you can obtain probate from district court 

2) probate is juidicial proof that will is genuine 

3)probate is not mandatory in UP 

4) you can  on the basis of death certificate of your father apply for mutation of property in your name 

Details to be furnished with application:

>> Area in which the right has been acquired

>> Description of the right acquired

>> Name, parent's name, and address of the person from whom the right has been acquired

>> Manner in which the right has been acquired

>> Name, parent's name, and address of the person who has acquired the right

>> Date on which the right was acquired

>> Copy of document on the basis of which the mutation is sought - sale deed, Will etc

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. The statements of the parties are recorded. The contents of the documents are matched with the recorded statements. In case no objections against the proposed mutation are received, it is sanctioned.
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. Apply in the prescribed application form to the Municipality Office/Corporation Office of the Gaziabad City to change name of Khata of the property from your father's name to your name by enclosing a copy of the WILL executed by your father in your favour and his death certificate and by paying the prescribed fees.
2. The Competent Authority would then examine your documents and the Khata for the property would be changed in your name.
3. After this procedure, you will be the sole owner of the property and you will be at liberty to deal with the property in any manner you like.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) probate is advisable in case there are other legal heirs . they may object to mutation of property in your name on grounds will is forged or that your father  was  not of sound mind . in such a case you would have to apply for probate .

2) if you are the only legal heir apply for mutation of property in your name . 

3) the following documents are required 
Passport size photos of applicant

Death certificate
Copy of Will or Succession Certificate
Indemnity bond on stamp paper of requisite value
Affidavit on stamp paper of requisite value attested my a Notary
Receipt of up-to-date property tax payment In case of Power of Attorney:
Copy of Will
Receipt for payment registered with a sub-registrar
Application for mutation with court fee stamp affixed on it
Indemnity bond on stamp paper of requisite value
Affidavit on stamp paper of requisite value
Receipt of up-to-date property tax payment

4) as far as office in ghaziabad is concerned only local  lawyer can guide you . 

5) it is not necessary for you to engage a lawyer . contact a local consultant 

6) mutation process may taker around 6 months
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1) For properties in Ghaziabad which are on lease basis from Ghaziabad Development Authority (GDA), the process is done at GDA Office.

2) in other cases it is done at district registrar office 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. First check whether taking of probate is manadatory in your state like most parts of India. If that is so then the Will left by your father shall have no force under the eye of law. Your convenience has nothing to do with operation of law.
2. Mutation alone doesn't create title. So in other words even if you manage to mutate the property you wouldn't be regarded lawful owner of share of your father is considered.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
4.9 on 5.0
1. The name of the owner or joint owner, as the case may be, cannot be struck off from the registry except by a voluntary act of the owner or joint owner. 

2. Since your father made a will in your favour in respect of his share in the property you are the sole owner of the property as you own the remaining half.

3. To probate the will you do not have to go to court. The presence of your lawyer in the court shall suffice. 

4. To mutate the property you require your birth certificate, death certificate of your father, sale deed of the property and the will of your deceased father.

5. There is no specific law in UP which lays down a path of succession different from the one which exists in the remaining part of India. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. Are you the only legal heir of your deceased father?

2. If yes, hen collect the legal heir certificate from the local tehshilder/councillor and get 50% of your father's share of the property mutated in your name,

3. If there are other legal heirs of your deceased father, then get a settlement/relinquishment deed executed and registered by them in your name. In both the above cases, the fact of the will is to be suppressed to avoid delay in getting probation,

4. If other legal heirs refuse to execxute settlement/ relinquishment deed in yur favour then you shall have to apply for probate of your father's will to get the Court's seal on hye said will.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Though probate of Will is not mandatory in UP, being a beneficiary of the bequest made in the Will as well you are the joint owner of the property with 50% share, it is always better to obtain grant of probate of will and on the basis of same you can apply for mutation of revenue records on your name. 
Just because you possess the death certificate of your father or you are already 50% owner of the property, you cannot claim ownership for the entire property without following the legal procedures for transferring the remaining 50% on you name.  You cannot sell the property as a sole owner. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. In place like Delhi, probation of will is not required. If probation of will is mandatory in your place then, you shall have to apply for the same since without grant of probate, a will has no better value than a scrap paper. You can execute POA in favour of anybody in India to follow up and attend to your probate case. If probate is not required in U.P., then straightway file an application for mutation of your father's share in your name by submitting a copy of the will, your father's death certificate, your ID proof and the present title deed of the property,

2. Where will is required to be probated, Mutation does not convey title of a property, registered Title Deed/Probated Will/ Court Order does,

3.You are required to engage a lawyer to apply for the probate of the Will. If other legal heirs of your deceased father agrees to settle/relinquish their share of 50% of your father's share of the property in your name then you can avoid the procedure of applying for probate of the will as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. I dont want to go for  will probation. I don't have time to go after court as I am in canada and cannot go to india many time as it may be required  if I go for will probation.
In a case seeking grant of probate, you need not be present in the court on each and every hearing, you can be available only during deposing evidence and on the hearing dates, your advocate's representation would be sufficient.   This case will be a suitable answer to your question.



What all documents I need to carry to india. I have sale deed, will, and death  certificate. Apart from this what all documents are required.
For applying for mutation, you may have to attach copies of your father's death certificate, Will, legal heir ship certificate, Sale deed document, tax receipts, your personal identity documents etc. 



Which office in utter pradesh ( Ghazibad ) I need to go.
Tehsildar or Revenue department


Do I have to hire a lawyer.
Engaging a lawyer for this purpose is not  necessary, you can fill p the forms and abide by other formalities by yourself once you become aware of the formal requirements.




What all form I need to fill.
On submitting the application before the authorities, you will be informed about the forms to be filled up and other legal formalities in this regard.




How much time this mutation process  takes. Because i have to take leave accordingly 
It depends on how you follow it up with the authorities concerned.  You may take the help of a local consultant in this regard. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
For properties in Ghaziabad which are on lease basis from Ghaziabad Development Authority (GDA), the process is done at GDA Office.

The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has been mutated in the municipal records. Documents required for mutation process:
In case of Will:
(i) 2 Passport size photos of applicant
(ii) Kabja (Possession) letter copy
(iii) Death certificate
(iv) Copy of Will or Succession Certificate
(v) Indemnity bond on stamp paper of requisite value
(vi) Affidavit on stamp paper of requisite value attested my a Notary
(vii) Receipt of up-to-date property tax payment In case of Power of Attorney
(viii) Copy of Power of Attorney.
(ix) Copy of Will
(x) Receipt for payment registered with a sub-registrar
(xi) Application for mutation with court fee stamp affixed on it
(xii) Indemnity bond on stamp paper of requisite value
(xiii) Affidavit on stamp paper of requisite value
(xiv) Receipt of up-to-date property tax payment
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
first you file probate in district court for execution of WILL, thereafter take mutation in your name. There will be no issue regarding change of name. Contact a lawyer. mutation will take hardly 2 months to complete. Your appearance is necessary when your file reaches at registrar office. after getting mutation you will become the absolute owner of that property. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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