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(Guest)

Change of name on property card as per will.

hi everyone.

I am trying to help my grandmother, hope u guys can help me.

My grandfather had executed a  "will " (registered) at mumbai , according to which , the property that he owned would only belong to my grandmother after his death.

The discussed property is in Malad ,Mumbai .

Now that my grandfather has passed away , my grandmother would like to get the name changed on property card to her name ( currently on my grandfathers name ).

My grandmother has 4 sons & 3 daughters, all alive.

So my questions are ,

1. Is probate of the Will required ?

2. Is there any declaration required from her son's & daughters ?

3. Does the "Right of the property"  Belong to my Grandmother alone or to all legal heirs ?

4. if probate is required , then what is the procedure, charges & time taken for the same ,in mumbai. ?

5 Or is there any other way by which this can be done ?

Thanks.

 

 



Learning

 4 Replies

k.chandrasekharan (advocate)     28 March 2012

Answer:

1.Yes, because the property is in a Presidency Town.

2. The sons and daughters can be arrayed as respondents in the probate case, so that their say if any, is heard by the court before an order is passed.

3. Depends on the fact whether the property was acquired by the owner out of his own earnings or from out of earnings out of or sale of ancestral property. If self-acquired, the legatee (beneficiary of the will) will be the sole successor.

4. A probate case is to be filed in the District Court. A  competent lawyer's assistance is needed. Procedural formalities will be taken care of by the lawyer. Apart from the lawyer's fees negotiated by you in advance, you will have to pay court fee which differs from state to state under the court fees Act. The lawyer will compute and tell you exact amount, which is payable by Demand Draft, to the court. Time depends upon the workload of the court and normal time will vary from six months to two years.

5. If your grandmother wants to sell the property, all other legal heirs can sign the sale deed as witnesses, to fully assure the purchaser that no legal hassles shall accrue. If she wants to hold the property during her lifetime, she can write a will in favour of all her sons and daughters. Then the probate matter can get deferred to the next set of legatees.

As for change of revenue records with the Cor[poration, an application has to be made in the prescribed form,alongwith notarised copy of the death certificate and will, and the Revenue Officer will allow mutation of the name of holder to your grandmother's name.


(Guest)

thank you sir for ur valuable reply.

And yes it is my grandfather's self acquired property .

If all legal heirs are ready to give declaration or noc, can my grandmothers name be transfered on property card without probate of the will.

As probate can take a long time.

Can anyone suggest any easier way. ( legal way ).


(Guest)

can anyone suggest any legal way other than probate . as it can take a lot of time.

k.chandrasekharan (advocate)     02 April 2012

The prescribed application form of the corporation alongwith fee has to be submitted. this has to be signed by the intended transferr, alongwith notarised copy of the will and death certificate of the person in whose name the property presently stands. Also a declaration by other legal heirs in the form of an affidavit, on stamp paper of requisite value as per local law, duly notarised can be submitted.

For mutation, there is a formal enquiry system by all municipal bodies deputing the revenue inspector of the area. Normally this takes about 15 days to 1 month. Yopu can arrange for his visit to the spot of the property by prior consultation ascertaining the name and phone number of the official from the revenue section of the corporation ward/local office/zone, as the case may be. Mutation order will be passed by the revenue officer, whereupon the revenue records would stand changed.

This will solve your immediate issue. But, later on, if the property is intended to be sold, the prospective purchaser may not accept an un-probated will as a document passing on title to the property to the legatee (the beneficiary of the will). then also need for probate would arise, as purchasers are usually insisting upon clear documents.


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