Geetha (senior Manager ) 30 March 2012

Mutation

I am in the process of purchasing a free hold DDA flat. The property was owned by the mother who has passed away and she has left the flat through an unregistered will to her only surviving son. The son has also got a mutation document from DDA which clearly states that the mutation is for the purpose of paying property tax and has no influence on title or ownership. How do I confirm that the son has the authority to sell the flat to me? What documents do we need to initiate the mutation of the property to our name once we have paid the full amount to the seller?

Kindly advise.

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 30 March 2012

Dear Ms.Geetha,

The Son in order to get the title of the property, has to first get the will into effect, which is to be done by obtaining a probate, a probated will is will authenticated by a court after inviting objections from other legal heirs of the testator (mother). Only once it is probated does it commands authority. On the basis of probate - he could have got mutation - as an owner. Insist on the probated will and mutation as owner before buying

(Guest)

No right as executor or legatee can be established in any court of justice, unless a court of competent jurisdiction has granted probate of the Will under which the right is claimed, or has grated letters of administration with the Will or with a copy of an authenticated copy of the Will annexed. You must engage local lawyer who has expertise in carrying out due diligence and enough experience to surface the question of marketability of whether the title of the immovable property. The Lawyer engaged must also have expertise in filing the Probate Petition before the Court of Competent Jurisdiction.