ASAD Ahmad 29 July 2015

Sale of joint property

Subject : CHANGE OF TITLE POF DECEASAED PROPERTY

Message :
DEAR SIR I AND MY WIFE HAVE A FLAT REGISTERED IN JOINT NAME LOCATED AT GHAZIABAD UP. UNFORTUNATELY MY WIFE EXPIRED LEAVING A REGISTERED WILL THAT ALL HER MOVABLE AND IMMOVABLE PROPERTIES BE TRANSFERRED TO MY ONLY SON. BASED ON THIS FLAT WAS MUTATED JOINTLY IN THE NAME OF MYSELF AND MY SON BY GDA. I AM NOW SELLING FLAT AND THE BUYER WHEN APPLIED FOR LOAN BANK HAS REJECTED THE APPLICATION ON THE GROUND THAT WILL IS NOT PROBATED.I HAVE NOW APPLIED FOR LEGAL HEIR CERTIFICATE FROM SDM/TAHSILDAR OF CONCERNED AREA. I AM ALSO GIVEN TO UNDERSTAND THAT PROBATING OF WILL IS NOT DONE IN UP WILL YOU KINDLY CLARIFY IF 1 PROBATING OF WILL IS MUST FOR SELLING THE FLAT OR 2 MUTATION DONE ON THE WILL AND LEGAL HEIR CERTIFICATE ISSUED BY SDM/TAHSILDAR WILL SUFFICE FOR SELLING THE PROPERTY KINDLY SUGGEST CORRECT LEGAL PROCEDURE SO THAT MY SON GET CLEAR MARKETABLE TITLE OF PROPERTY JOINTLY WITH ME AS PER MUTATION BY GDA REGARDS ASAD AHMAD

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7 Replies

rajagopal.s (Lawyer.) 29 July 2015

You will need to probate the will. it will not cost much in your case as you are already a part owner of the property. Moreover the process will also not take more than 3 months maximum.

Bharatkumar (ADVOCATE ) 29 July 2015

you got a Probate from court for that.

ASAD Ahmad 01 August 2015

DEAR SIR

I AM TOLD THAT THERE IS NO PROBATE OF WILL IN UTTAR PRADESH.BASED ON REGISTERED WILL ONE CAN GET TITLE OF IMMOVEABLE PROPERTY BY MUTATION. PL CLARIFY

ASAD AHMAD

ASAD Ahmad 06 August 2015

DEAR SIR

I AM TOLD THAT THERE IS NO PROBATE OF WILL IN UTTAR PRADESH.

BASED ON REGISTERED WILL, CAN ONE GET TITLE OF IMMOVEABLE PROPERTY BY MUTATION ?. PL CLARIFY

ASAD AHMAD

ASAD Ahmad 09 August 2015

DEAR SIR

IS IT NECESSARY IN UTTARPRADESH TO GET WII PROBATED TO GET

GET MARKETABLE TITLE OF AN IMMOVABLE PROPERTY.PLEASE CAN ANY ONE CLARIFYON THIS. IF IT IS SO WHAT IS THEPROCEDURE

REGARDS

ASAD AHMAD

Bharatkumar (ADVOCATE ) 17 August 2015

If it not necessary in U.P then you transfer your property in your name and society passed a resolution for that how to transfer this property in your name.

Bharatkumar (ADVOCATE ) 17 August 2015

If it not necessary in U.P then you transfer your property in your name and society passed a resolution for that how to transfer this property in your name.