PANKAJ (Proprietor) 09 October 2011

Mutation

Our mother died recently and the Will demarcates sections of our

property to each of the four brothers and sisters. However, one of the brothers,

who is already the biggest beneficiary, is not agreeable to accepting the Will

because he wants to extract more. The property is in Delhi.

Since no probate is necessary in Delhi, is it possible to get the parts of the house that

the other three of us have got mutated to our names without a lengthy court procedure ?

The Will is duly signed, and witnessed by our uncle and aunt. The uncle is also the Executor

of the Will. The property falls within the MCD area. We do not claim his share of the property

but just want ours mutated as per the Will.

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5 Replies

jeetendra patel (lawyer) 09 October 2011

you can go ahead

PANKAJ (Proprietor) 09 October 2011

Thanks. Just one small additional question : The MCD will obviously write to him

and he will obviously try to create some obstacle but our position is he should have to go

to court if he has any issue. We have no issue so why should we be forced to go to court ?

What is the legal position in such cases ? My point is if he claims dispute about Will, in which he is

latgest beneficiary, we can also go in for partition and he will be the main loser. Is this a correct

interpretation ?

jeetendra patel (lawyer) 10 October 2011

rightly thought

1 Like

Joseph Fidelis Pereira (self employed) 10 October 2011

We are christian . Me and my two brohters were minor before 15 years when my widow mother sold our ancestral property ( from my paternal side ). It was registered and now it is fully developed 9 buildings are there. Now we are major. question is : If we want to get that property back on the ground of we were minor, and the property was belong to my father who died intestate ( without will ) . Can we get baxk the property. Can we declare that the deal and registration made by my widow mother is null and void ? She is still alive.

Please guide.