• How to get name transfer of property

Namaste! Sir/Madam, I would sincerely appreciate your valuable advice. My father had left only one house. This is the only shelter we have left for all our family. We have prolonging worry is that our father did not write any will or did any transferring rights to my mother. This family house we bought in 1985 from a lady (First Owner) who also passed away few years after that. She wrote Sales Agreement & Vasiyat Nama (Will) in my mother's name but Power of Attorney was in my father's name. My father heavenly passed away last year. Now to get the name/title transferred in our mother's name, we went to Housing Board Society but they said that from there side first owner is already registered. Registry is already done by Housing Society in first owner name, so they can not do any transfer till they have registered title documents. Please how to get this house transferred in my mother's name?
Asked 2 years ago in Property Law from Jaipur, Rajasthan
1) please clarify whether sales agreement was duly stamped and registered? 

2) if first owner has left a will in your mother name why did you not on basis of said will apply for transfer of property in your mother name . ?

3) has the will been signed by the first owner and attested by 2 witness es? 

3) you can apply for probate of will . notice will be issued to all legal heirs . if none of legal heirs contest the will probate will be granted in 6 months 

4)the power of attorney in your father names ceases on death of the first owner . 

5)on basis of probate you can apply for mutation of property in your mother name before the housing board .
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. The query is not clear,

2. Did your mother purchase the said flat for which the Sale Agreement was executed by the said lady? If yes, then why Will was also executed? Why POA in favour of your father was also executed?

3. However, since no sale deed has been registered and since the POA has already become invalid with the demise of the lady and your father, you shall have to depend on the will only,

4. Make sure that the Will has been properly executed in presence of two witnesses,

5. File an application for getting probate of the will from the local court,

6. After the will is probated, submit the probate before the Society to get the name of the title holder of the flat recorded with the society changed in favour of your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Hello,
Why did the first owner make a will in your mother's name?Was she related to your mother?

Right now since the property has been not registered either in your mother's or father's name you will need to rely on the will in your mother's name.

If the will is valid,that is attested by two witnesses and if you can get at least one of the witnesses to testify before the court you can get the will probated and get the property mutated in your mother's name.
As both your father who was the POA and the first owner died the POA is no longer valid.
You need to approach a lawyer locally and get the documents you have verified and he should be able to guide you with further steps.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
POA  is not valid after death of attorney and  by sale agreement property does not get transferred. The only document is the Will. If Will is signed by said lady and attested by two witnesses then you can file probate case in district court. once Will is probated thereafter on the basis of the Will and order of probate court , the propery can be transferred in the name of your mother.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
The thing you can do is file a writ petition or suit proving the will written by her and change the same in your mothers name
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Yes you need to give original of the will other original you must show and retain certified copy of the other documents in court. If there any witnesses alive you can made it clear through them. Probate it soon
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1) to obtain probate original  will has to be filed in court . 

2) you would also need to file affidavit of one of the attesting witnesses 

3) try to trace those attesting witness . you need not examine both witness . examination of one attesting witness is sufficient
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. Yes, all tyhe said three documents are taken but only one is used for the transfer of the property,

2. You can not use all the said three documents to transfer the said property,

3. Moreover, by the fflux of time and deaths of the involved parties,  two documents have already become useless & you can only take shelter on the Will,

4. The Will on Rs.3 stamp paper is perfectly alright if the witnesses can be traced,

5. File an application for probate with the noriginal will before the Court after paying trhe requisite fees, which is dependant on the present market value of the said property,

6. Act fast as without the probate of the said Will your mother has no right, title and interest on the said property and the legal heirs of the 1st owner can now claim the ownership of the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
A.	GPA would be cancelled on the basis of the death of the executor?

B.	If first owner written will by following all legal procedure in favor of your mother, you have to obtain probate from the court.

C.	Later, you have to file an application before the concerned authority for a mutation on the basis of Will.

D.	The Society must transfer the flat vide giving membership to your mother.

E.	If the Society rejected your application, your mother can approach District Registrar Co operative society against the society act.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
Once Will getting probated, it would be your title deed in the property and thereby your requirements all would be fulfilled by it.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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