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Mrs . Shanta Rani (Housewife)     25 November 2012

Sale deed

My father purchased a property from DDA in Delhi. He subsequently got the property FREEHOLD. Many years later he died leaving an Unregistered WILL. My mother expired before him. My sister and I acted on the WILL and without proceeding for a probate got the mutation of the property done with MCD in my favour which was as per the wishes of my father. Towards this, my sister also gave an NOC Affidavit on a stamp paper. I also submitted an Indemnity and an Affidavit along with the will.

Now, I want to sell and have identified a buyer. Unfortunately banks are not giving loan stating that the want an R deed or probate. My question:

Is this transfer incorrect?

What is an R deed?

What can be done as a solution to convince the bank


 4 Replies

surjit singh (Assistant)     25 November 2012

Do you have any other brother or sister apart from you both, which is mentioned in the will, If no better to go for the probate of the will, which will be easier.

Mrs . Shanta Rani (Housewife)     25 November 2012

Sir, Thank you for your reply.

No besides us there are no other legal heirs.

Now my question, why should one go for Probate when we both agree to the will and mutation is already done?

Dr J C Vashista (Advocate)     26 November 2012

Get the will a probate and seek no objection from all other legal heirs of your father.

Relinquishment deed by all copaceners is another solution to become  absolute owner of the propert;y.

surjit singh (Assistant)     27 November 2012

When only you and your sister are the legal heirs and in that case even if presumingly if there is no will then also the property will desolve on you both. To avoid all this for your futureget the will probated by filing a probate application before the court. Since you both are only legal heirs it may not take much time to get the order.

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