probate of will
sanjiv batra
(Querist) 05 July 2011
This query is : Resolved
DATED: 4TH JULY, 2011
IN MY FAMFILY I AM 60 YEAR OLD WAS HAVING TWO SISTERS. WE ALL WERE RESIDING ALONG WITH MY PARENTS IN A HOUSE HAVING ABOUT 325 SQ. MTR. PLOT AREA IN SOUTH DELHI. MY FATHER HAD WRTTEN A WILL, WHICH WAS NOT REGISTERED. ACCORDING TO THIS WILL MY MOTHER TRANSFERRED THE PROPERTY IN HER NAME IN THE MCD (PROPERTY TAX) RECORD. MY BOTH MARRIED SISTERS ARE NO MORE. MY MOTHER GIFTED THE HOUSE TO ME THROUGH GIFT DEED, WHICH IS REGISTERED WITH SUB-REGISTRAR OFFICE AND ALSO TRANSFERRED THE PROPERTY IN MY NAME IN MCD (PROPERTY TAX) RECORD. NOW I WISH TO RE-BUILD MY HOUSE AFTER DEMOLISHING OF OLD STRUCTURE. IS IT NECESSARY TO OBTAIN PROBATE OF THE WILL, WHICH WAS EXECUTED BY MY FATHER.
ASHOK BATRA
Guest
(Expert) 05 July 2011
Yes, probate of will is not necessary in delhi.
Nu.Delhi.Law.Fora.
(Expert) 05 July 2011
Dear Querist,
According to me, Will so executed needs to be probated in Delhi. However, if in this case, if mother is not alive, there is no question of Will being probated. Secondly, it is advisable for the quesrist lone survivor of property in question needs to get mutation done in MCD records and get an update with replacement of his name in stead of his mother's name. Gift deed is valid in the present circumstances, however, for a definitive opinion, the relevant paper needs to be shown for proper appreciation. Complication would only arise if there exists any legal heirs of his sister(s).
Trust this would suffice.
Shashikant V. Patil
(Expert) 12 July 2011
Dear Batraji,
In your case, already execution part of a Will was carried out, i.e. as per your father's Will, the property was transferred to your mother's name. Subsequently mother by way of gift transferred property in your name. Moreover, already in MCD, the devolution of property is also recorded legally. Hence it is not necessary to probate will for you. For demolishing the present structure and re-build your house , you have to take permission of DDA & Corporation.
