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Vinay Soni (Senior Manager)     25 June 2012

Poa and will

My grandfather bought a property in Delhi on POA in ’84. He died in ‘95 and in his will he gave that property to his two sons, my father and my uncle, although he had other two sons and three daughters. Now my uncle has also relinquished his rights on that property in favor of my father. Now I want to go for mutation of that property in favor on my father. What should I do? Further is there is anything i should do to ensure that my father's title is clear.



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 5 Replies


(Guest)

As you stated that your grand father purchased the property, the same amounts to self-acquired. Thereafter prior to death he having executed a Will in favour of your father and uncle appointing them to be as beneficiary, they both were and are entitled to the property. The relinquishment deed executed by your Uncle in favour of your father has made your father the owner in complete to the right, share and interest in the property. Before Mutating, check out if the will-deed executed by your grand father was or is challenged by any of the brothers and sisters of your father, if not, you have to prefer application along with the copy of Sale-deed, Will-deed and Relinquishment Deed before the authorities. Theres nothing left as in the property once is mutated in the name of your father, you can get the tax leived in your fathers name with the Mucipal authorities and as matter of abundant precuation publish in news paper by way of pubvlication that your father is owner of the property to avoid any objections.

2 Like

Vinay Soni (Senior Manager)     25 June 2012

Thanks a lot ! Mr. Yougesh,

Just to confirm my understanding; i beleive i need to take No objection from my father's other brothers sisters and than go for Mutation. Further there may not be any sale deed in this case as my grandfather had acquired this property through POA in '84; does this fact make any difference.


(Guest)

Sure, you can take the No Objection as a matter of abundant precaution. I presume that the property purchased by your grand father was his self acquired property and not an ancestral one. Where it is self acquired and the sole purchaser is your father having purchased the asset/property from his own assets, the execution of sale-deed/conveyance through poa does not make a difference as the document gained its sanctity by lapse of time and was never under challenge during the course of life time of your grand father or subsequent to by any of the person/s or kith and kin of the seller (who was actual owner of property and sold it through poa).

1 Like

Vinay Soni (Senior Manager)     25 June 2012

Thanks a lot again for your valuable inputs.

Yes, its self acquired property for my grandfather.

Vinay Soni (Senior Manager)     02 September 2012

I went to Mcd office recently and they are demanding stamp duty stating that my grand father didn't paid that stamp duty we need to pay that amount.

is this correct?


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