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What is the process of mutation?
28-Jul-2023 (In Property Law)
I have received a property by registered will after demise of parents.ai understand that mutation is supposed to be done for the same?
Apart from having registered will do I need any other NOC from the siblings.((two brothers/two sisters( married))Also one elder brother demise is also done.Wife and two major children's are of brother.what is the role of relinquish deed,is it required even after having the registered will !! In case I wanted to sell out the same in future ,it is possible to do the same based on registered will?Do I need any NOC from siblings for mutation?Builder flat is located in East Delhi which is registered in parents name by sale deed.
Yes mutation of the property is required to be done to secure your absolute title over the property. Will can be challenged whether it’s registered or unregistered. Also for mutation you may require legal heir certificate, NOC from the other legal heirs and the copy of the registered Will. For any further legal assistance please feel free to contact
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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Yes, mutation is required however, for that purpose the concerned authority may demand the probate of will from the competent court to carry out the mutation. Yes, Noc cum affidavit may also be required from other siblings or the persons entitled to the property if there was no will, as a matter of evidence and to avoid future disputes. Relinquishment deed may not be required if you wish to use the will, otherwise you Can ignore the will and then as per law the property will devolve upon all legal heirs. Thereafter other legal heirs will relinquish their share to you and you will be the sole owner. In this process the Probate of will which requires the duty to be paid to court as well shall not be required abd money would be saved and the mutation may be easily carried. However, in both cases you shall take the surviving member certificate from the concerned sdm. Its a proof of legal heirs
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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