Mutation on basis of a "will"
AK New Delhi
(Querist) 15 June 2013
This query is : Resolved
My cousin 72 died a few days back leaving behind wife 65, Son 47, daughter 41.
He left behind an un registered will duly signed by two witnesses.
on the basis of the will, his flat at south delhi (worth value Rs 12cr) is to go to the son. Cousin's wife and daughter are ready to give the unconditional NOC. The property is under the jurisdiction of MCD South. Please let me know the easiest procedure to get it mutated in the name of the son. (If I have missed out on any details, please do ask)
prabhakar singh
(Expert) 15 June 2013
In your case you should file a mutation application before MCD SOUTH DELHI along with following papers:
1.Death Certificate,
2.Copy of Will ,
3.Indemnity Bond on Rs.100/-
non judicial Stamp Paper,
4.Affidavit on Rs.10/- Stamp Paper duly attested by Notary,
5.NOC supported by affidavit of widow and daughter,and
5.Clearance of up-to-date Property tax.
@#$%^&*
DEAR MR.AK NEW DELHI!
READ BELOW REPLY ABOUT PRESENCE OF WITNESSES :
WITNESSES PRESENCE BEFORE mcd south NEW DELHI IS NOT REQUIRED.
BUT IT WOULD BE BETTER IF YOU FILE A NOTARIZED AFFIDAVIT OF AT LEAST ONE STATING THE FACT THAT TESTATOR EXECUTED AND SIGNED THE WILL BEFORE THEM(name of witnesses)
AND THEY SIGNED BEFORE HIM(name of testator).
AK New Delhi
(Querist) 15 June 2013
Prabhakarji,
Do the wirnesses of the will need to be present at MCD?
Rajendra K Goyal
(Expert) 15 June 2013
It would be better if the will also got probated.
AK New Delhi
(Querist) 19 June 2013
For the will to be probated, is there a stamp duty to be paid to the court? Is there a requirement of surety also?
