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Naman P. Charan (Shop)     12 August 2021

Name removal from property documentation

Hello Sir/ Madam,

 

My friend Vijay Jaiswal owns a property in Vaishali, Ghazibad which he bought for his parents back in 2012. It was registered in his and uncle's name (his father). My friend has been living in CANADA from 2015. His father (Mr Rajendra Jaiswal) passed away this year on 29th July, but uncle made a WILL in his name related to the property which is registered. I have uncle's death Certificate, which I received from my friend (via mail) since he returned back to CANADA due to work purpose.

Now, on my friends behalf I want to know whether it's possible to take uncle's name (his father's name) from the registry such that he doesn't have any issue in case he try to sell this property.

 

Please elaborate the procedure and let me know if I on my friends behalf can do the needful or is it mandatory for him to travel here in India.



Learning

 4 Replies

Dr J C Vashista (Advocate)     12 August 2021

When your friend / beneficiary of will stated to have been executed by his father (since deceased) is already returned living in Gaziabad (India) for work purpose you should stay away from his personal matter and tell him to show the document to a local prudent lawyer for proper appreciation and professional advise.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     12 August 2021

Let your friend engage a local able and reliable Lawyer to assist him in completing the formalities of Mutation relating to the property bequethed to him by way of a Will.

 

If your friend so wishes, he can give you a Registered Power of Attorney to sell. Then only you can handle the matters relating to the said property.

G.L.N. Prasad (Retired employee.)     12 August 2021

The present immediate need is "mutation" in the Ghaziabad Municipal Corporation office.  Your friend has to submit the prescribed application,fee, and the documents basing on which mutation is sought.  Most of the forms and procedure was uploaded in individual sites of Municipalities/Corporations.  Your friend can apply for mutation as per the laid down procedure. As a friend, help him by getting hard copies of all such papers from him and submit to Corporation.  Ownership is at present no problem as his name is stated both in title deed and registered will of the co-owner. .  Ensure that his possession and enjoyment in his name by a collection of rent and in Society's record if any.

P. Venu (Advocate)     12 August 2021

On the strength of the Will your friend or his duly constituted POA need to get mutation carried out in the Revenue /Municipal records. Essentially, the mutation entails the removal of the late father:s name from the records.

Thereafter, the sale could be carried out.


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