Samson Nunes (SSE) 14 July 2016

Transfer of property in municipal corp. via unprobated will

My brother has got the house transferred on his name in a municipal corporation outside Mumbai using a will that is not probated. I am an Indian Christian. As per section 213(2) Christians don't need to probate will. However as per this case https://indiankanoon.org/docfragment/1016353/?formInput=section%20213%282%29%20indian%20succession%20act even if the will is not probated an NOC from the other heirs is required. Should the municipal corporation have taken my NOC before this transfer and if they have not taken it, can I get the name on house tax bill reverted to the original name?

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6 Replies

Gagan Kumar (Lawyer) 14 July 2016

Hi Samson,

Forum discussion may not give you concrete solution. You need to consult a lawyer over the phone or need a face to face consultancy. If interested you can contact GK & Advocates Law Firm (www.gkandadvocates.com). It will save your time too.

HIRAL THAKKAR (ADVOCATE ) 14 July 2016

You need place your objections in writing and pray for revision in impugned action.

Kumar Doab (FIN) 14 July 2016

There is set procedure and forms that every authority e.g.; MC, follows...................

You may obtain copy of the forms/documents submitted to MC even if thru RTI............and relate to point violations.

The MC might have asked to release advertisement in newspapers inviting objections.

Kumar Doab (FIN) 17 July 2016

@ Atulit,

Pls participate in the discussion.

Pls do not just advertise in the threads.

Samson Nunes (SSE) 17 July 2016

Also the 7/12 of the house is on my name and not my dad's name. Would it be necessary to produce 7/12 as well for the trnasfer of property tax via an unprobated will?