How to transfer a property in basis of registered will
Vivek Sharma
(Querist) 01 March 2012
This query is : Resolved
I am resident of Delhi, only son of my mother. My father is missing in since last 8 years. I have reported in police Station and obtained certificate from police that he is still missing. & my father are total 5 brothers, & I have one dda shop was allotment in my Grand-father name. & my garnd-father was expired in 1989 and he was Written a will in favor of my father in 1986 and will is registered in court in 1986 I wish to get the shop mutation changed in my mother name. & who is a legal hairs in basis of will. Pls advise in details what options do we have for this.
Deepak Nair
(Expert) 01 March 2012
The property was transfered to your father by your grand father by way of will.
Since your father is missing for the last 8 years, he is considered as not living any more and thus you and your mother will become joint owners of the property. Both of you have 50/50 share in teh said property.
ajay sethi
(Expert) 01 March 2012
your father went missing in 2004 . will was made in 1986 and your grand father died in 1989 . was probate obatined of the will?
was property transferred in your father name on basis of will?
H. S. Thukral
(Expert) 02 March 2012
First get a declaration from the court regarding death of your father who is missing for >7 years. You have to prove it. Then approach the concerned authority for mutation. You shall have to get NOC from your uncles/aunts and submit your release deed in favour of your mother.
ad. creaminall
(Expert) 02 March 2012
i agree with Mr. sethi. first you should obtain a probate of the will of your grandfather.
Vivek Sharma
(Querist) 02 March 2012
Hi All Experts
But will is registered in 1986 in Kashmiri gate court through sub-registrar in favor of my father & one brother and her wife they given a witness
rajeev sharma
(Expert) 02 March 2012
First get a declaration from the the court that your father may not be treated as a living person now and get your mother declared his successors by taking probate on the will then your mother may file a mutation
Vivek Sharma
(Querist) 02 March 2012
mr rajeev Sharma my question is kya merko apne father ke brothers se noc lena hoga
magar will is registered in 1986 in Kashmiri gate court through sub-registrar in favor of my father & one brother and her wife they given a witness
Vivek Sharma
(Querist) 03 March 2012
But will is registered in 1986 in Kashmiri gate court through sub-registrar in favor of my father & one brother and her wife they given a witness
Deepak Nair
(Expert) 07 March 2012
Your issue needs the professional help of a lawyer. Please consult a lawyer in your locality for further action.
