Transfer of property under will from husband to wife
Vani
(Querist) 09 October 2011
This query is : Resolved
Dear Sir,
My uncle had a plot in delhi on which he build a house. He has now passed away and left the house to his wife under a will. Their son lives seperatly and had bad relations with his parents and 1 daughter lives abroad, who now takes care of her mother. How can my aunt get the house registered in her name on the basis of the will? The son will not give an NOC to her. Please advise.
Regards,
Vani
R.Ramachandran
(Expert) 09 October 2011
Dear Vani,
Now, in Delhi, there is no requirement of probate of the WILL.
According to the procedure established by DDA / MCD, one has to submit Death Certificate, Will, Indemnity Bond and NOC from the legal heirs (who had been left out from the benefit of the WILL) to mutate the property in the name of the beneficiary under the WILL.
In your case, you have to apply for and get the legal heir certificate disclosing the full particulars of the legal heirs - namely the name of the widow, names of the two children with their complete address.
Once this is obtained, your aunt can submit (i) Death Certificate (ii) Legal Heir Certificate (iii) Photocopy of the WILL duly notorised and (iv) Indemnity Bond with a request to mutate the property in her name.
Naturally the DDA/MCD as the case may be may ask for NOC from the other legal heirs who are the beneficiaries under the WILL. As you say, the son would not given the NOC. In that case, DDA/MCD would give you a letter saying that they would not be mutating the property on the basis of the WILL in the absence of the NOC.
In that event, your aunt has to make an application to the competent Court for Probate of the WILL. Then in such a situation the Court will entertain the application, adjudicate upon it, and then decide the probate application. In case the son does not give the NOC, this is the only way in which your aunt can get the property mutated in her favour. There is no other way.
