Property related
Ashish
(Querist) 01 December 2017
This query is : Resolved
Sir we have one house in delhi in the name of my father who had recently died.he had left the unrehisteredwill in my name.in my family mymother is now left.now we want to transfer the house in my name.pls let me know the procedure to follow.
Ashish
(Querist) 01 December 2017
Pls provide steps to follow
Ashish
(Querist) 01 December 2017
Pls provide steps to follow
P. Venu
(Expert) 01 December 2017
What is"unrehisteredwill"?
R.Ramachandran
(Expert) 01 December 2017
Whether your mother is accepting the unregistered WILL?
Whether your mother has any objection to the WILL?
Only after knowing the answer to the above question, one will be in a position to answer your query.
SHIRISH PAWAR, 7738990900
(Expert) 01 December 2017
If your father has left will then you have to take probate from court to transfer the property in your name. Appoint advocate for smooth transfer of the property in your name.
Ashish
(Querist) 01 December 2017
It is unregistered will
Ashish
(Querist) 01 December 2017
Which one is better option probation of will or registration of requlinisment deed by mother in favour of me.what will be the implication if we maintain status quo as me and mother are the only class 1 legal heirs.
Kumar Doab
(Expert) 02 December 2017
You have posted that you and your mother are the only ClassI legal heirs.
From the terms used by you; It is believed that you are all Hindu.
And that mother of your father was not alive as on date of his death and you have NO surviving brothers and sister as on date of death of your father.
Isn't it !
Kumar Doab
(Expert) 02 December 2017
It is mandatory to probate the WILL in the area of Bombay, Calcutta, and Madras.
It is no mandatory to probate the WILL in the area of Delhi.
It is not mandatory to register the WILL. The WILL should just be valid.
Unregistered WILL can be acted upon.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website.
Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
Check locally and comply with procedure.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary. If your mother is willing then there should be no issues in it.
Obtain copy of updated mutation records.
Kumar Doab
(Expert) 02 December 2017
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies. Although it is wrong since the WILL exists.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website.
Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs.
All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor. Obtain copy of updated mutations records thereafter.
The legal heirs may also consider perspective of family settlement after the WILL and register it.
Kumar Doab
(Expert) 02 December 2017
Since the WILL exists it should be submitted to be acted upon without any cloud on it. Instead of any other route it is the procedure to be followed.
For your satisfaction you may keep copies of all docs submitted and even obtain certified copies even if thru RTI.
The procedure has been illustrated in detail as required by you.
Hope you are satisfied.
Kumar Doab
(Expert) 02 December 2017
If status quo is maintained then after the death of your mother; you being sole legal heir of your mother and father you shall be sole owner.
Otherwise also you being beneficiary in the WILL, you can be sole owner if WILL is valid and is acted upon without any cloud on it.
Ashish
(Querist) 03 December 2017
Do i need some documents then
Kumar Doab
(Expert) 04 December 2017
Documents required; As already posted above in case of Intestate Succession….Testate Succession.
Rest check with O/o Authority. You can also read at website of Authority. The forms may be without any cost at your location. There may not be any Fee also.
NO lawyer is required.
Avoid Touts (Dalaal).
Kumar Doab
(Expert) 04 December 2017
Your query has been discussed in detail.
Hope you are satisfied..
Kumar Doab
(Expert) 04 December 2017
What is the core issue?
In case the WILL does not surface, she (wife of deceased Hindu man that was owner) has the undisputable right to dispose her share….
She also has a right to reside in late husbands home that is also her matrimonial home.
She has a right to claim maintenance from her son and may be even more …
In case alongwith you only if other surviving ClassI legal heir is mother and she is unlikely to contest the WILL in which you are beneficiary….!
Would you like to discuss?
Kumar Doab
(Expert) 04 December 2017
Same Query or it is some different property..
http://www.lawyersclubindia.com/experts/transfer-of-property-in-delhi-663451.asp
