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How to transfer a property in basis of registered will

This query is : Resolved 

29 January 2013

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.

Adv.R.P.Chugh (Expert)
30 January 2013

You've have to file a suit for declaration making DDA the party...a presumption of death arises u/s 108 Evidence Act, if a person is not heard of as being alive by people who would have so heard of him. After the Civil Court Declaration you can get the mutation done.

M V Gupta (Expert)
31 January 2013

What Mr. Chugh is referring to is to get a declaration by the Court that ur father is no more (dead). Then u can approach the concerned authorities for mutation of the property records in the name of the person to whom the property is bequeathed by the will.

B.B.R.Goud. (Expert)
03 February 2013

first of all it is necessary to institute the suit for declaration, then with that you can go for mutation.....

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