Authentication:: Property Transference Through Registered Will !!!!
Atul
(Querist) 04 December 2010
This query is : Resolved
Dear Experts,
I need to purchase a flat from a builder in Delhi who got it from Owner through "Power of Attorney". Actually this property was with "Mother" of owner and she is no more. But before her death, she made a "Registered WILL in Registrar Office". Mutation of the property also has been done by owner in MCD for "Tax" payments.
I applied for a Loan in Axis bank but it got denied. Bank says because WILL is not executed in COURT so propery does not belong to Owner.
Owner (age 54 years) has two sisters both aged more than 55 years. One sister and her husband is also witness in this registered WILL.
Sir, Would you please suggest if there is a problem in this WILL considering transfer of property in name of Owner?
This WILL is 2.5 years old.
Big Thanks in advance..
Regards,
Atul
Arun Kumar Bhagat
(Expert) 05 December 2010
Ask the owner to apply for Probate of the said WILL and after getting Probate, to get it mutated in his name and then execute a fresh Power of Attorney in order to sell it.
yogesh
(Expert) 05 December 2010
If will is made there may be contestors either obtain NOC from them then obtain from the court
If you cannot obtain NOC then you have to prove it in the court that the will is genuine and has to give ntice to the contestors.The court will then decide
Atul
(Querist) 05 December 2010
After her mother death, owner has already got "Mutation of the property in his name for Tax payments". So my point is Registered WILL with Property Mutation for Tax is not sufficient.
Or Is it like without Provate everything is useless?
Thanks,
Atul
(Querist) 05 December 2010
Please let me know How this can be done?
Many Thanks!!
Atul
(Querist) 05 December 2010
Is "Registered Will + Mutation for Tax + NOC from both sisters" does not clear the Title?
And it can be cleared with only Provating the WILL?
I would highly appreciate answers.
Devajyoti Barman
(Expert) 05 December 2010
If takng probate of the Will is mandatory in your state then you have no option but to apply for probate of the Will. Only the probate court authenticate the Will.
