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Sethi Sohum (Entrepreneur)     07 July 2015

Changing ownership, unregistered will!

Dear Sir or Madam,

The kothi in New Delhi is in my grandfather's name who died in the 1st week of June 2015. He has 1 son (my father) & 3 daughters.

He has made a will which is unregistered but signed with 2 non-blood relatives as witnesses, in which, he has explicitly mentioned that after his death the ownership of property be transferred in the name of his son & his wife only. He has also mentioned that his daughters are well settled & whatever he wanted to give them he has already gifted them at the time of their marriage.

Prior to his death, the kothi was in the name of my grandmother who died in 1995 and she also left the will mentioning that her husband (my grandfather) would be sole owner of the property & after his death my father & my mother will be the owners of the property.

After consulting a local broker of the area, he mentioned that we did a big mistake by not registering the will but he suggested that we require the following documents:

1. Will of my grandmother

2. Death Certificate of my grandmother

3. Will of my grandfather

4. Death Certificate of my grandfather

5. NOC from all 3 daughters

6. House tax receipt of MCD since 2004 till date.

Is he right?  What are the steps to change the ownership of my property in my father & mother's name.

Also, do we necessarliy require the NOC from all 3 daughters?

Thank you so much for reading & your anticipated advice.



Learning

 5 Replies

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     07 July 2015

Non registration will not alter validity of will and hence question of getting NoC doesn't arise. Consult some good lawyer in your locality for further guidance.

rajagopal.s (Lawyer.)     07 July 2015

HI

Legally any will whether registered or un registered should be probated in the court. You can still approach the court and get the will of your grand mother and grand father probated in the court.

If you do not want to get the will probated in the court, the other option is to effect a partition deed amongst your father and his 3 sisters and register the same in the sub-registrar office where the property is situated.

 

 

Kumar Doab (FIN)     07 July 2015

 

 

You have posted that:

 

---“the kothi was in the name of my grandmother who died in 1995 and she also left the will mentioning that her husband (my grandfather) would be sole owner of the property & after his death my father & my mother will be the owners of the property.”

 

“The kothi in New Delhi is in my grandfather's name who died in the 1st week of June 2015. He has 1 son (my father) & 3 daughters.

He has made a will which is unregistered but signed with 2 non-blood relatives as witnesses, in which, he has explicitly mentioned that after his death the ownership of property be transferred in the name of his son & his wife only.”

 

Both the WILLS are in sync which each other.

The grandfather has simple carried forward the wish of the deceased owner (his wife) in his WILL.

 

There is no requirement probate of WILL in Delhi. That too which it has been acted upon (Grandmother’s WILL in your case). The WILL of Grandmother was not under cloud……………!!!........................that is why it was acted upon!!!

 

 

The WILL of Grandfather also does not seem to be under cloud.

 

 

 

---“ What are the steps to change the ownership of my property in my father & mother's name.”

 

 

The Kothi in question is under whose jurisdiction e.g. MCD?

 

You may download the procedure from the website and comply with it.

 

Usually the process is simple and a declaration by say Councilor, other family members, publication in 2 newspapers is sufficient to effect the change in ownership in 30 days or so.

 

You should not face any difficulty.

 

 

Your interest seems to be safe.

 

 

For your interest you may go thru:

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

SUBJECT : CODE OF CIVIL PROCEDURE

Date of Judgment: 10.03.2011

RSA No. 92/2009 & CM Nos. 10095/2009 & 10096/2009

SH. RAJESH ...........Appellant

Through: Mr. Gurbhansh Singh, Advocate.

Versus

SMT. MUNNI DEVI ..........Respondent.

Through: None.

 

https://delhicourts.nic.in/Mar11/Rajesh%20Vs%20SMT%20MUNNI%20DEVI.pdf

 


You may consult an able Lawyer dealing in property/civil/revenue/family matters with all docs on record.

1 Like

Sethi Sohum (Entrepreneur)     07 July 2015

Thank you all learned experts so much.

Special gratitude to Sh. Kumar Doab for a detailed answer.

I will definitely be consulting a lawyer for this, wanted to clear the basic doubts.

 

Kumar Doab (FIN)     07 July 2015

You are welcome. Wish you the best.
1 Like

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