Please help........
mridul
(Querist) 04 May 2010
This query is : Resolved
My grandmother had purchased a property through a registered conveyance deed.My grandfather had already expired before a will was made by my grandmother.She had made a WILL in favour of me and my brother.This will has been witnessed by my father and his sister who are the only legal heirs of my grandmother. The will is unregistered for the last 15 years.We applied in MCD Delhi and got mutation letter in our names. should we do any other deed so that legally the property becomes in our names, as MCD says that this mutation letter is for property tax etc only ?
A V Vishal
(Expert) 04 May 2010
Get the probate done.
mridul
(Querist) 04 May 2010
Thanks for your prompt reply.Should we got the will registered first and secondly can my father and his sister relinquish us in favour to me and my brother?
A V Vishal
(Expert) 04 May 2010
No need of relinquishment by father and sister since both are witness to the will. Further get the will probated in the court there is no necessity of getting it registered now.
suren
(Expert) 04 May 2010
You may obtain No Objection Certificate (from your father and his sister) satating that they have no objection getting property transferred in your names as per will of their mohter
This No Objection Certificate may be get registered.
Raj Kumar Makkad
(Expert) 04 May 2010
Go to civil court and obtain succession certificate therefrom.
Parveen Kr. Aggarwal
(Expert) 04 May 2010
Mr. Makkad,
Can Succession Certificate be obtained with respect to immovable properties?
Uma parameswaran
(Expert) 05 May 2010
probate a WILL is optional and not mandatory. probate a WILL is safety for legality to the WILL and for binding force. orginal WILL and Title deed are necessary for probate the WILL. If you opt for probate no need to go for registration of WILL and relaese or relinquish deed
mridul
(Querist) 05 May 2010
Will getting no objection certificate from my father and his sister registered sufficient to transfer the property in our names. Whether any stamp duty is to be paid for registration of NOC? In this case is probate of the WILL required or not?
