Mutation
Divya
(Querist) 02 May 2013
This query is : Resolved
I reside in New York since the past many years along with my husband. My Grandfather who died 10 years ago left an unregistered will that after his death, whenever I wish to return to India, I can construct and become exclusive owner of only the first floor of the house he lived in. The ground floor, presently occupied by my brother, is the only constructed floor as on date. And I do not wish to permanently return to India for at least the next couple of years. My query is, is it possible to get the mutation done so that the ownership rights of the ground floor and the unconstructed permissible floors, except the first floor, goes to my brother and I get the ownership rights of the unconstructed first floor. The property in question is a leasehold property. Kindly advise.
M.Sheik Mohammed Ali
(Expert) 02 May 2013
first probate the will and than prepared mutual agreement that aforesaid .
Raj Kumar Makkad
(Expert) 02 May 2013
Mutation is must in such cases but probate is no mandatory every where in India.
