Mutation of property
AK New Delhi
(Querist) 25 October 2013
This query is : Resolved
My friend died and left an unregistered will in favour of his wife. He owns a flat in south delhi which is officially valued at 2 cr.
My friend also has two daughters who are ready to relinquish their rights in the said property. This property comes under MCD.
1. How can this property be transferred in the wife's name?
2. Can she go to the registrar directly along with the daughters and their relinquishment deeds and request for mutation? or
3, She has to get the will 'probate' from the court and then get it transferred?
4. Which will be cheaper in terms of the fee/courtfee etc?
Devajyoti Barman
(Expert) 25 October 2013
You have posted three queries on three different subjects.
Are you an advocate?
AK New Delhi
(Querist) 26 October 2013
Sir who/ which department issues the legal heir certificate?
AK New Delhi
(Querist) 26 October 2013
ok Mr Raj. The property is is south delhi, Panchsheel park.
Ms.Nirmala P.Rao
(Expert) 26 October 2013
I agree with Mr.Raj Kumar. But, in place of duly executed Settlement Deed as per law - please read duly executed Relinquishment Deed by her daughters in favor of your friend's wife along with Legal Heir certificate etc. As a precautionary measure, apply for a probate before the High Court of your State to establish it's genuineness. A Will-whether hand written or typed is valid in law provided the Testator-who bequeathed his properties under it- is a major and is in a sound disposing state of mind at the time of its execution, with at least two witnesses attesting the fact of Testator signing the will in their presence etc etc-If you wish to thank me for this reply-please click the Thank You button on my profile.
P. Venu
(Expert) 26 October 2013
The will, even though unregistered, is complete document in itself and vests the property on the legatee. However, it needs to be got probated if the executor was not Hindu, Budhist, Sikh or Jaina or Mohammedan or a Parsi.
Thyagarajan
(Expert) 27 October 2013
While executing and registering the sale deed of undivided share of land in high rise buildings the builder specifies the deed is between him as first party and the buyer along with his legal heirs as second party.Some times the buyer also gets the property registered in joint name of his wife.
Have a look at the deed whether your friend has mentioned particularly his wife as legal heir.
Also get to know whether the property is self acquired by your friend as guided Expert Mr.N.Rajkumar.
Considering the value of the property one should not brood over the cheapest expenses for processing the transfer of title.
