12 June 2018
Hi, We have a flat in mom n dads name held jointly. Father is no longer alive,, his will has bequeathed all his asests to his wife. She has a will which has divided her assets to her 3 children.. Since the title deed is in parents joint names, currently, do we need to change this ??? If yes how?? This is in Gurgaon City... If not, what will be next steps if we want to sell property after she is no longer.. Please advice with clear answers.. Thanks
12 June 2018
Title deed of the immovable property cannot be changed that shall remain at it was in the Sale Deed, the only thing that can be done in your case is to get the name of the father deleted replaced by your mother's name from the Municipality records by putting an application along with the copy of the death certificate. The Property tax that was coming in the name of both parents or in your father's name shall be coming in the name of your mother only and thus mutation of name in the revenue record will be done. The sale of property after the death of your mother can be done by attaching the death certificates of both parents along with the original sale deed. The heirship certificate can be obtained from the Tehsil/SDM office that will entitle you all to sell the property after the death of both parents if you so desire.
12 June 2018
Succession opens on death of owner/title holder and; Successor/Legal heirs gets share as per provisions of personal law that applies….. IN case of Testamentary Succession (if owner/title holder has left a valid WILL) then beneficiary after the WILL is duly acted upon without any cloud on IT.
It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras. It is not mandatory to probate the WILL in the area of Gurgaon. It is not mandatory to register the WILL. The WILL should just be valid. Unregistered WILL can be acted upon. The last valid WILL prevails.
In case of Hindu male the 1st right is of ClassI legal heirs i.e. Mother (if alive as on date of death), wife (if alive as on date of death), sons, daughters….. In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters. If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters………… If property is acquired from husband side 1st right is of her sons, daughters…………
12 June 2018
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.
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 ( e.g; your mother) . If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL. The legal heirs can also consider perspective of registered family settlement after the WILL and register it. The legal heir certificate is issued by O/o Tehsildar…
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records. Thereafter obtain copy of updated mutation records. Check locally and comply with procedure. Your mother has right to change the WILL (her WILL) in her life time as many times..till her last breath. Assuming that there is NO dispute amongst family members….you may not face any issues and simple process can help you get the property mutated in the name of beneficiaries….