Naresh Gupta (Manager) 09 March 2015

Steps after probate of property

I have obtained a Probate Order of a WILL for property in Delhi. I am the administrator of the WILL and also beneficiary of this property. Two Questions: 1. How can I transfer property to my name on the basis of this WILL and Registry in the name of the person who passed away? 2. Can I directly use the original Property documents (Registry)and this Probate order to sell the property to third party, without first transferring to my name? Thanks

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 March 2015

Dear,

After the probate is done, get the property transferred into your name.

Regards

Kapil Chandna Adv

9899011450

Naresh Gupta (Manager) 09 March 2015

Thanks Kapil Ji, The transfer deed (which is known as a registry" is between seller and buyer. In case of probate, how this document can be prepared? There is no seller in this case. What someone told me that if I have the original registry and this probate, together this shows the property is mine. Please advise on this. Also, can you please advise if I can sell the property to third person, using these two documents. Then I no need to transfer the property to my name. Please let me know if there is a fee for you to advise me on this and if you would be in a position to do the paperwork for sale of this property. Thanks

Jaya Pathak (Paralegal) 10 March 2015

As Kapilji said you get the property transfered in your name. You will need to fill the transfer form applicable for legal heir..... give notarised copies of death certificate, probate, certified copy of property card etc. You might want to check with the local jurisdiction office of lands records for the process.