Procedure for inheriting house willed by mother
Madhup Rai
(Querist) 16 September 2012
This query is : Resolved
Sir
My mother owned a house in her name. This house was purchased from "Stree Dhan"( Money she got from her fathers property).
I her will she has made me and my wife as beneficiaries and legatee of her will and entitled us to all her estate and effects including the house........ absolutely and in equal share.
My question is pertaining to the house which is in Delhi:
a. How do I get the house transferred on my and my wifes name?
b. I have two more brothers and one sister. Do I need a NOC from them?
Kindly advise and guide me.
Rgds
Madhup
Sudhir Kumar, Advocate
(Expert) 16 September 2012
You have to apply for mutation of the house in her name. You will submit application to Sub Registrar. Notice will be sent to all your brothers and sisters (their children if anyone is dead). You may be knowing your siblings better how they will react. In case they contest the will then there will be a civil suit by your wife.
Devajyoti Barman
(Expert) 16 September 2012
If from Will only you are getting title of the property then you need to apply for Probate for the same which would require NOC from other legal heirs else it would take time for final adjudication.
ajay sethi
(Expert) 16 September 2012
probate is not mandatory in delhi .wasthe will regsitered or not?
although not mandatory always advisable to get probate done . it is judical proof that will is genuine .
in the alternaive follow mr sudhir kumar advise .
