Property inheretence
Sheep
(Querist) 17 September 2012
This query is : Resolved
My father who had made an unregistered Will in 1975 in my name expired in 1985.Since at that time I was a minor,based on the will my mother got the Property Mutation in MCD done in my name and also the Jal Board and Electricity Board Meters were changed in my name.What I now understand is that the property was not transferred in my name nor the Will was probated.
I hv one sister who is married.My mother is staying with me in the above said property and we are in the complete possession of the property.What recourse do I hv now to get the property transferred in my name.
My problem is that my sister may now raise an objection and also the two witnesses to the will of my father hv also expired.
ajay sethi
(Expert) 17 September 2012
probate of will is not mandatory in delhi . Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State. 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
you will have to furnish your father death certificate , execute indemnity bond if required and affidavit . enclose copy of will .
Sheep
(Querist) 17 September 2012
Dear Mr Sethi Ji Thanx for ur prompt response sir.
1)Where will I hv to submit the documents advised by you ie.Death Certificate of my father,Indemnity Bond and affidavit.
I hv my father's un-registered will with me.What if my sister challenges the will.
2)You hv mentioned that Probate of will is not mandatory in Delhi.I hope it is correct.
3)Witnesses of the un-registered will hv died.How will this effect the case.
4)My mother says that at the time of Mutation in MCD and change of name in Delhi Jal Board and Electricity Board records in 1980s a copy of the Will was submitted to authorities.Will this be helpful.
Request u to answer my queries soonest.
Rgds
Sheep
(Querist) 17 September 2012
Dear Mr Sethi Ji Thanx for ur prompt response sir.
1)Where will I hv to submit the documents advised by you ie.Death Certificate of my father,Indemnity Bond and affidavit.
I hv my father's un-registered will with me.What if my sister challenges the will.
2)You hv mentioned that Probate of will is not mandatory in Delhi.I hope it is correct.
3)Witnesses of the un-registered will hv died.How will this effect the case.
4)My mother says that at the time of Mutation in MCD and change of name in Delhi Jal Board and Electricity Board records in 1980s a copy of the Will was submitted to authorities.Will this be helpful.
Request u to answer my queries soonest.
Rgds
ajay sethi
(Expert) 17 September 2012
Section 213 provides that this section shall not apply to the cases of Will and shall only apply in the cases of Will made by Hindu, Buddhist, Sikh or Jain where such "wills" are of classes specified in clauses (a) and (b) of Section 57
since the "Will" is not executed within the territories mentioned in Section 57 (a) and (b) of the Act, provision to obtain probate is not mandatory in the light of Section 213 of the Act.
Bihari Lal Ramcharan Vs. Karam Chand Sahni AIR 1968 P&H (at Delhi) 108 (DB) and Rajan Suri Vs. The State AIR 2006 Delhi 148 and reiterated in the recent dicta of Banwari Lal Charitable Trust Vs. Union of India MANU/DE/2515/2009 that as far as the city of Delhi is concerned, probate is not necessary to claim/assert rights under a Will. Even in the absence of a probate, such rights under a Will can be established in a collateral proceedings in which the Will may be in question. See Prithipal Singh Sabharwal Vs. Jagjit Singh Sabharwal MANU/DE/0851/1996.
ajay sethi
(Expert) 17 September 2012
it is better you consult a local lawyer and pay his legal fees as you have said that you hope i am correct that probate is not mandatory in delhi .
Sheep
(Querist) 18 September 2012
Sethi Ji I hv sent my one last question to ur personnel e-mail ID ajaysethi64@gmail.com . Can u pls answer the same.
Rdgs
ajay sethi
(Expert) 18 September 2012
i have replied to your query sent on my email address
