Transfer of profperty
kRISHAN LAL
(Querist) 29 June 2012
This query is : Resolved
Sir,
My uncle expired in August 2011 and was owner of a DDA plot(274 sq yards - Paschim Vihar, New Delhi) on which a building was constructed. He had executed a will in favour of his wife (my auntie) as he had no child.
Shall appreciate if you kindly guide me whether any stamp duty is payable (if payable the approximate amount) or not for getting the same transferred in my auntie's name.
Regards
K.L. Bhalla
ajay sethi
(Expert) 29 June 2012
if you apply for probate of will then court fees would be payable . hwoever probate is not compulsory in delhi . make an application to DDA for transfer in your aunt name . submit death certifcate .fulfill formailites as per DDA requirements .
Adv.R.P.Chugh
(Expert) 29 June 2012
1. Probate is not required.
2. Application to DDA - with Will + Death Certificate would do.
ashutosh mishra
(Expert) 30 June 2012
To get mutation done ,the following formalities would be required at concerned DDA office..:
MUTATION OF RESIDENTIAL PLOTS ON THE BASIS OF WILL IN FAVOUR OF FAMILY
MEMBERS
Documents required:
1. Affidavit
2. Indeminity Bond
3. In case the”Will” is unregistered NOCs from all the class I legal heirs for mutation in
favour of legatee.
4. Certified copy of the “Will” left by the allottee/lessee/sub-lessee.
5. Death Certificate in Original
6. Proof of relationship, viz., copy of ration card, or copy of passport or copy of voter’s
identity card, duly attested by gazetted officer/Notary Public/Magistrate
7. Copy of “D” form/completion Certificate
8. One photograph & Three Specifimen Signatures of mutatee duly attested by Class I
Gazetted Officer/Ist class Magistrate.
9. NOC or redemption deed, if plot is mortgaged.
10. NOC from the society (In case of a Society plot)
(On Non-Judicial stamp paper of Rs. 2/-)
AFFIDAVIT
I,…………………S/o,D/o,W/o Shri……………………….aged…….R/o…………………………… do
hereby solemnly affirm and declare as under:
1. That Shri/Smt………………… S/o,D/o,W/o Shri………………………… was
allottee/lessee/sub-lessee of Plot No……..in……………vide allotment letter No
…………….dated …………vide lease/sub-lease deed dt……………
2. That the said Shri/Smt……………………..had died on ………….. at …………leaving
behind will in my favour/infavour of ……………./The Probate in respect of the said will
has been granted by Sh………………District Judge, Delhi on………… in case No
………..
3. That Shri/Smt______________________________S/o, D/o, W/o was my
father/mother/son/daughter/husband{give relationship}.
4. That said Late Sh./Smt. __________________________________Is survived by the
following legal heirs:-
S.NO. NAME AGE RELATIONSHIP RESIDENTIAL
WITH THE ADDRESS
DECEASED
1.
2.
3.
4.
5.
6.
5. That the mother of the deceased/sub-lessee is alive/not alive.
6. That I shall abide by the terms and conditions of Allotment/Sub- lease Deed/Lease
deed.
7. That I shall have no objection for termination, in case of mis-statement or concealment
of facts on my part.
8. That the said plot/property No……….is at present free from all encumbrances and had
not been mortgaged earlier/had been mortgaged earlier for which NOC/Redemption
Deed is being submitted.
9. That the Plot referred to above had not been passed on to the legatee during the life
time of the Testator.
10. That no consideration whatsoever had passed on to the Testator and no GPA and Sale
Agreement was executed by the Testator in respect of their plot/property
DEPONENT
Verification:
I, the above named Deponent hereby verify at Delhi/new Delhi on
this……………. Day of 19…….. that the contents of paras 1 to 10 of my above affidavit are
correct to the best of my knowledge and belief by me to be true and that nothing material has
been concealed therefrom.
DEPONENT
Note: Delete whichever not applicable.
INDEMNITY BOND
(on Non Judicial stamp paper of Rs. 10/- and duly registered with the subregistrar/or attest by Notary Public)
This Bond is made this ………….day of ……… 19….Shri…………………son of
Shri……………….R/o…………………[herein after called the Executant] in favour of
the President of India [hereinafter called the lessor].
WHEREAS in records of the Lessor the land bearing Plot no……. situated in Block
No………of the residential Scheme, Delhi/new Delhi and
measuring…………..sq.yrd./mts. stands in the name of/our my ………………….
Sh/Smt…………..by virtue of lease/sub-lease deed registered as document No.
…………….entered in Addl. Book No………… at volume No………..on ………with
the Sub Registrar,New Delhi/vide allotment letter No……… dated ………..
AND WHEREAS our/my ……………..the said Shri/Smt…………..died intestate on
……………as his/her only legal heirs and Shri…………….has/have relinquished all
his/her/their rights, title or interest in the said land in our/my favour.
AND WHEREAS on our/my name in place of the name of our/my application to the
Lessor to sustitute in its records our/my name in place of the name of our/my
Sh./Smt……………..deceased lessee/sub-lessee in respect to of the said land, the
Lessorthrough the Delhi Development Authority has agreed to do so on our/my first
executing Bond to indeminify the lessor against its losses of damages which it may
sustain by reason of any claims which may be set up by other persons claiming to
be the heirs of our/my deceased ……………..Sh/Smt…………….
WHEREAS in consideration to the aforesaid agreement,the Executant[s]
………………………….r/o………………………………… and his/her heirs,
successors, executors and administrators jointly and severally undertake to keep
lessor harmless and indeminfied against all claims whatsoever against the
aforesaid plot of land or in respect thereof together with all interests , losses,
damages, penalty, action and demand and cost of all kind whatsoever arising out
of this transfer/mutation.
IN WITNESS WHEREOF I/WE………………………S/O Sh…………….
Resident of……………………………………….signed and delivered this Bond on
this…………………day of…………….19…………..
WITNESS
EXECUTANT/MUTATEE
1.
2.
On non-judicial Stamp Paper of Rs. 2/-
I, …………………….S/o,W/o,D/o…………………aged…………….R/o….
……………………do hereby solemnly affirm and declares as under:-
1. That I am the legal heir of Sh.Smt………….deceased allottee/auction
purchase/lessee/sub-lessee of Plot No………..of……………Resi.
scheme, being his/her ………………..[relationship] and accept the
contents of the “WILL” dated………………..left behind by the deceased
allottee/auction purchaser/lessee/sub-lessee and have no objection if the
said plot is mutated in favour of Shri/Smt…………………..whoc is the
legatee as per the said “WILL”.
DEPONENT
VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of my above
affidavit are correct to the best of my knowledge and belief by me to be true and
that nothing material has been concealed therefrom.
Verified on this………..day of .…..19…… at New Delhi/Delhi.
ashutosh mishra
(Expert) 30 June 2012
NO PROBATE NEEDED.
To get mutation done ,the following formalities would be required at concerned DDA office..:
MUTATION OF RESIDENTIAL PLOTS ON THE BASIS OF WILL IN FAVOUR OF FAMILY
MEMBERS
Documents required:
1. Affidavit
2. Indeminity Bond
3. In case the”Will” is unregistered NOCs from all the class I legal heirs for mutation in
favour of legatee.
4. Certified copy of the “Will” left by the allottee/lessee/sub-lessee.
5. Death Certificate in Original
6. Proof of relationship, viz., copy of ration card, or copy of passport or copy of voter’s
identity card, duly attested by gazetted officer/Notary Public/Magistrate
7. Copy of “D” form/completion Certificate
8. One photograph & Three Specifimen Signatures of mutatee duly attested by Class I
Gazetted Officer/Ist class Magistrate.
9. NOC or redemption deed, if plot is mortgaged.
10. NOC from the society (In case of a Society plot)
(On Non-Judicial stamp paper of Rs. 2/-)
AFFIDAVIT
I,…………………S/o,D/o,W/o Shri……………………….aged…….R/o…………………………… do
hereby solemnly affirm and declare as under:
1. That Shri/Smt………………… S/o,D/o,W/o Shri………………………… was
allottee/lessee/sub-lessee of Plot No……..in……………vide allotment letter No
…………….dated …………vide lease/sub-lease deed dt……………
2. That the said Shri/Smt……………………..had died on ………….. at …………leaving
behind will in my favour/infavour of ……………./The Probate in respect of the said will
has been granted by Sh………………District Judge, Delhi on………… in case No
………..
3. That Shri/Smt______________________________S/o, D/o, W/o was my
father/mother/son/daughter/husband{give relationship}.
4. That said Late Sh./Smt. __________________________________Is survived by the
following legal heirs:-
S.NO. NAME AGE RELATIONSHIP RESIDENTIAL
WITH THE ADDRESS
DECEASED
1.
2.
3.
4.
5.
6.
5. That the mother of the deceased/sub-lessee is alive/not alive.
6. That I shall abide by the terms and conditions of Allotment/Sub- lease Deed/Lease
deed.
7. That I shall have no objection for termination, in case of mis-statement or concealment
of facts on my part.
8. That the said plot/property No……….is at present free from all encumbrances and had
not been mortgaged earlier/had been mortgaged earlier for which NOC/Redemption
Deed is being submitted.
9. That the Plot referred to above had not been passed on to the legatee during the life
time of the Testator.
10. That no consideration whatsoever had passed on to the Testator and no GPA and Sale
Agreement was executed by the Testator in respect of their plot/property
DEPONENT
Verification:
I, the above named Deponent hereby verify at Delhi/new Delhi on
this……………. Day of 19…….. that the contents of paras 1 to 10 of my above affidavit are
correct to the best of my knowledge and belief by me to be true and that nothing material has
been concealed therefrom.
DEPONENT
Note: Delete whichever not applicable.
INDEMNITY BOND
(on Non Judicial stamp paper of Rs. 10/- and duly registered with the subregistrar/or attest by Notary Public)
This Bond is made this ………….day of ……… 19….Shri…………………son of
Shri……………….R/o…………………[herein after called the Executant] in favour of
the President of India [hereinafter called the lessor].
WHEREAS in records of the Lessor the land bearing Plot no……. situated in Block
No………of the residential Scheme, Delhi/new Delhi and
measuring…………..sq.yrd./mts. stands in the name of/our my ………………….
Sh/Smt…………..by virtue of lease/sub-lease deed registered as document No.
…………….entered in Addl. Book No………… at volume No………..on ………with
the Sub Registrar,New Delhi/vide allotment letter No……… dated ………..
AND WHEREAS our/my ……………..the said Shri/Smt…………..died intestate on
……………as his/her only legal heirs and Shri…………….has/have relinquished all
his/her/their rights, title or interest in the said land in our/my favour.
AND WHEREAS on our/my name in place of the name of our/my application to the
Lessor to sustitute in its records our/my name in place of the name of our/my
Sh./Smt……………..deceased lessee/sub-lessee in respect to of the said land, the
Lessorthrough the Delhi Development Authority has agreed to do so on our/my first
executing Bond to indeminify the lessor against its losses of damages which it may
sustain by reason of any claims which may be set up by other persons claiming to
be the heirs of our/my deceased ……………..Sh/Smt…………….
WHEREAS in consideration to the aforesaid agreement,the Executant[s]
………………………….r/o………………………………… and his/her heirs,
successors, executors and administrators jointly and severally undertake to keep
lessor harmless and indeminfied against all claims whatsoever against the
aforesaid plot of land or in respect thereof together with all interests , losses,
damages, penalty, action and demand and cost of all kind whatsoever arising out
of this transfer/mutation.
IN WITNESS WHEREOF I/WE………………………S/O Sh…………….
Resident of……………………………………….signed and delivered this Bond on
this…………………day of…………….19…………..
WITNESS
EXECUTANT/MUTATEE
1.
2.
On non-judicial Stamp Paper of Rs. 2/-
I, …………………….S/o,W/o,D/o…………………aged…………….R/o….
……………………do hereby solemnly affirm and declares as under:-
1. That I am the legal heir of Sh.Smt………….deceased allottee/auction
purchase/lessee/sub-lessee of Plot No………..of……………Resi.
scheme, being his/her ………………..[relationship] and accept the
contents of the “WILL” dated………………..left behind by the deceased
allottee/auction purchaser/lessee/sub-lessee and have no objection if the
said plot is mutated in favour of Shri/Smt…………………..whoc is the
legatee as per the said “WILL”.
DEPONENT
VERIFICATION:
I, the above named Deponent, do hereby verify that the contents of my above
affidavit are correct to the best of my knowledge and belief by me to be true and
that nothing material has been concealed therefrom.
Verified on this………..day of .…..19…… at New Delhi/Delhi.
Shonee Kapoor
(Expert) 30 June 2012
You have been guided correctly by Ld. Mishra.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
c.p.s. ramachary
(Expert) 30 June 2012
Will does not attract any stamp duty. you may furnish affidavit in the line Mr. Mishra advised you
Binu Pillai
(Expert) 01 July 2012
you had been fully guided by mr mishra you can move ahead on his lines.
kRISHAN LAL
(Querist) 01 July 2012
Sir,
Thanks for your guidance.
However, on checking the papersyesterday, we noticed that my uncle got the property converted from leasehold to freehold in the year 2001 after paying the requisite charges to DDA. Now do we still have to approach DDA for getting the property transferred in our auntie's name or approach the office of the Sub-Regostrar for the purpose.
Sorry for the inconvenience
Regards
K.L. Bhalla
GIRISH KUMAR, ADVOCATE
(Expert) 01 July 2012
NO your aunty have no requirement to approch to DDA but she should applly for mutation in local bodies as she is the only first class legal heir of the deceased as well there is a wihh in her favour.
