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Vishwajeet   04 April 2025

Transfer of property title based on registered will

Hi,

My Mother transferred an LIG Flat in Delhi in my name through a registered Will. She passed away in 2022. What is the procedure to transfer the Property Title in my name? Does it involve Property Registration as well?

Thanks & Regards,

Vishwajeet



 6 Replies

Real Soul.... (LEGAL)     04 April 2025

In Delhi, probate of a will is not mandatory, but it is often considered necessary if the will needs to be enforced legally.

Probate is the legal process through which a will is validated by a court. It confirms the authenticity of the will and authorizes the executor to administer the estate according to the will's terms.

T. Kalaiselvan, Advocate (Advocate)     04 April 2025

You can apply for mutation of property to your name with the concerned revenue department along with a copy of Will, death certificate of your mother, NOC from your siblings and get the property mutated to your name which will be sufficient to have the title of property confirming on your name.

R.K Nanda (Advocate)     04 April 2025

Whether said LIG flat belongs to DDA and if yes then you will have to contact concerned DDA authorities. To transfer said flat in your name.

Vishwajeet   04 April 2025

Thanks a lot for all the replies from learned experts. This is a Freehold DDA Flat and I have three sisters as well. Kindly clarify, do I need to first probate the will and then go for mutation of property? 

T. Kalaiselvan, Advocate (Advocate)     05 April 2025

Obtaining probate of Will in Delhi is not mandatory, you can proceed as it is but you may have to get NOC from other legal heirs of the deceased testator to get the property revenue records transferred to your name.

Vishwajeet   05 April 2025

Thank you Sir for your reply. Do I need to take NOC from other legal heirs in the form of Affidavit? Does mutation process involve property registration as well? Kindly guide me. Thanks!


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