How to transfer a property in basis of registered will

Vivek Sharma (Querist) 29 January 2013 This query is : Resolved
I am resident of Delhi, only One son of my mother. My father is missing in since last 9 years. I have reported in police Station and obtained certificate from police that he is still missing. & my father are total 5 brothers, & I have one dda shop was allotment in my Grand-father name. & my garnd-father was expired in 1989 and he was Written a will in favor of my father in 1986 and will is registered in court in 1986 I wish to get the shop mutation changed in my mother name. & who is a legal hairs in basis of will. Pls advise in details what options do we have for this.

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ajay sethi (Expert) 29 January 2013
probate is not mandatory in DElhi . contact a local lawyer in delhi . if your grand father died in 1989 your father ought to have made an application for mutation to DDA on basis of regd will , copy of death certifcate .

approach DDA for transfer of shop in name of your mother . she will ahve to fulfill formailites laid down by DDA execute indemnity bond , furnish copy of certifcate issued by police that your father has been missing for over 9 years .

ajay sethi (Expert) 29 January 2013
you have to file a petition for declaration of your father as dead as he has been missing for the past 9 years (legal death). the court will pass the order to that effect .That is the conclusive proof of the same.