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Transfer of property ownership using a will to one heir.
12-Jan-2023 (In Property Law)
We are 5 sisters, I am divorced and I lived with my mother and took care of her till her death, she has left a will in my name stating me as the absolute heir of the property and disregarding the other 4 sisters from obtaining any share in the property. Now I want to transfer the property in my name using the will but without informing the other sisters as It would cause dispute. Kindly guide me through the process of transferring the property and the charges involved. The property is a DDA flat in Delhi. After reading on the internet I have realized that a probate is not necessary in Delhi to transfer a property using a will, Kindly guide. The property is self acquired, and the will is a registered one with 2 witness. Can the transfer of ownership be done without informing the other sisters?
all you need is to get the mutation done in your name on the basis of the will left by your mother. Transfer requires a transferor and a transferee but in your case transferor i. e. your mother has died so it is not possible to tranfer the property either by gift deed or by other means. It is good that you have will of your mother in your name. You derive your title from will on the basis of which you can have mutation done in your name.
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Adv. Rajiv Rekhari
Delhi | 100+ Answers
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Yes, you can transfer the property without probate and according to the Will informing sisters will not be any trouble for you, when the will says entire property is in your name, so you can directly transfer the property through mutation.
For any updates kindly call me back.
For any updates kindly call me back.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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As the will is registered therefore 90% chance is that sub-registrar won’t ask NOC of other sisters but under his discretion he may also ask for NOC. Or probate !
U need to hire an expert advocate to get the deed of declaration drafted to get the property mutated under your name at the concerned sub registrar office
U need to hire an expert advocate to get the deed of declaration drafted to get the property mutated under your name at the concerned sub registrar office
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Adv. D. Khan
Delhi | 500+ Answers
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AS PER LAW, TRANSFER OF THE PROPERTY CAN BE DONE ONCE A WILL IS MADE IN YOUR FAVOUR BUT A NO OBJECTION CERTIFICATE IS REQUIRED FROM THE OTHER NON TESTATORS. IN CASE OF DISPUTE, A Probate CASE BECOMES ESSENTIAL AND ONCE GRANTED BY THE COURT ALONGWITH LETTER OF ADMINISTRATION THE PROPERTY CAN BE TRANSFERRED.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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probate is not necessary, even registration of will is not necessary in Delhi, i can guide you further in this, i have experience in property related matters. I can help in mutation of property in your name. If you go for probate, other sisters will surely oppose it.
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Adv. Varun Phogaat
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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