Can mutation for house take place without probate of will in agra
G K Murty
(Querist) 28 January 2013
This query is : Resolved
I and my father owned a house jointly in Agra. My father died testate where he willed his share of the property first to my mother, thereafter on her demise, to me and after my death to my son. I have 2 more siblings.
How can mutation of the property take place? Is Probate of will necessary.
Details attache in word file.
ajay sethi
(Expert) 28 January 2013
advisable to obtain a probate to avoid legal problems with your siblings later . probate is not mandatory . contact a local lawyer
G K Murty
(Querist) 28 January 2013
Thanks. I understand that for consequent transfers probate is advisable.
Can my mother approach the Municipality for mutation directly with this will. Is relinquishment deed required in favor of my mother from me and my siblings?
If mutation is effected on the basis of the will, can future defence for future litigation be sec
ajay sethi
(Expert) 28 January 2013
yes better to obtain relinquishmet from other siblings
G K Murty
(Querist) 28 January 2013
If mutation is effected on the basis of the will with relinquishment from other siblings, can defense for future litigation be secure?
R.K Nanda
(Expert) 28 January 2013
contact local lawyer.
Raj Kumar Makkad
(Expert) 28 January 2013
I slightly differ with the advice of ajay. As will itself is a sufficient document to establish the rights of the parties why to open flood gate for every right to claim his right and then to relinquish it in favour of your mother.
Get the will probated by your mother before proper court of law and all problems shall get resolved accordingly.
