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Can I sell the house received by me through will


26-May-2023 (In Property Law)
My father bought land and built property in delhi which is freehold and we are hindu family. He passed away and property was mutated in my mother's name in MCD through his registered will. Then my mother passed away. She made me the sole beneficiary in her registered will. We are two sons. My brother an NRI lives abroad and I lived in this house with my parents. 1- can i get the house mutated in MCD in my name without my brother's consent, noc or relinqishment deed ? 2- then can i sell the house legally without my brother's consent, noc or relinquishment deed. I have the registered will.
Answers (6)

Answer #1
150 votes

Mutation in MCD:
As per the information provided, your father purchased the land and built the property, which was later mutated in your mother's name through his registered will. Now, with your mother's passing, she made you the sole beneficiary in her registered will. In order to get the property mutated in your name without your brother's consent, you would need to follow the legal process prescribed by the Municipal Corporation of Delhi (MCD).
The MCD may require various documents, including the registered will, death certificates of both your parents and any other relevant documents. The MCD will review the documents and process the mutation request based on the applicable rules and regulations. It is advisable to approach the MCD directly to understand the specific requirements and process for mutation in your particular case.

Selling the property:
Yes, property can be sold on�basis of�registered will. Once the property is mutated in your name, you may have the legal authority to sell the house without your brother's consent, provided you comply with the relevant laws and regulations governing property transactions in Delhi. Generally, the registered will naming you as the sole beneficiary, along with the mutated property documents, will serve as evidence of your ownership.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
633 votes
Yes, you can as you are the beneficiary of the will. My father bought land and built property in delhi which is freehold and we are hindu family. He passed away and property was mutated in my mother's name in MCD through his registered will. Then my mother passed away. She made me the sole beneficiary in her registered will. We are two sons. My brother an NRI lives abroad and I lived in this house with my parents. 1- can i get the house mutated in MCD in my name without my brother's consent, noc or relinqishment deed ? 2- then can i sell the house legally without my brother's consent, noc or relinquishment deed. I have the registered will.
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Advocate M P Siddiqui

Adv. M P Siddiqui

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Answer #3
841 votes
Sir if you have a registered will in your favour and nobody is challenging it you can very well go ahead with mutation and selling of the property. If your brother has a a problem he would challenge the same. Regards
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Advocate Shikha Sapra

Adv. Shikha Sapra

LawRatoDelhi | 5+ Answers
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Answer #4
650 votes
Yes you can sell out this property as you have the right over the property by virtue of registered WILL. But it is advisable that you have to br obtained NOC from your brother through proper channels.
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Advocate Harsh Kumar Gautam

Adv. Harsh Kumar Gautam

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Answer #5
662 votes
since u r the beneficiary and Testator has passed away, will can be acted upon so u can sell the property if it is vested in u. In case the buyer shows any reservation then get the will probated. under the given circumstances.
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Advocate Tej Krishen Ganjoo

Adv. Tej Krishen Ganjoo

LawRatoDelhi | 25+ Answers
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Answer #6
680 votes
you will first need to get letters of administration from the courts in new delhi unless your brothers gives you a noc to the will left behind by your mohter. The transfer can only be done after all the legal heirs are given notice to a will. for mutation now a complex legal procedure is there before the municipal bodies and adding the name in municipal bodies would not give a leagl title. only a proper registered instrument or a court order can get you the clear and undisputed title.
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Advocate Hemant Phalpher

Adv. Hemant Phalpher

LawRatoDelhi | 25+ Answers
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