• Property in Delhi under Land and Development Organisation

We have a property (B K Dutt Colony)of market value approx 75 lakh and circle rate value of approx 35Lakhs. It is in name of my Grandmother who passed away leaving a registered will on my name debarring her 4 children from property rights. Land & Development office under which the property falls is not ready to accept the registered will for mutation and compulsory requires a NOC for other Heirs. Now we as a family have reached an understanding that we all take a pre decided share and sell the property. For purpose of mutation which will be easier/faster/cheaper- Relinquishment deed/ Family settlement deed/ NOC/ Gift deed on my father's name from all parties. Please guide
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

The contents of the will have to be honoured. How and why should you give the authorities NOC when the other shareholders are not ready. You should file for probate of the will and letters of administration in the court wherein the court shall grant you the rightful owner.

In case you want you go the other way, a relinquishment deed or an noc may be filed with the authorities. They will mutate the property in your name. Then you may sell it.


Once you have a will they cannot deny mutation. That is against the law. You should approach the courts.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1’)Registered Gift deed can be executed by other legal heirs in favour of your father 

 

2) in alternative apply for probate of will 

 

3) other legal heirs can execute consent affidavit to relinquish their share in property 

Ajay Sethi
Advocate, Mumbai
97470 Answers
7880 Consultations

Hello,

  1.  A relinquishment Deed by all the legal heirs in favour of any one particular  heir would be appropriate under circumstances. A Gist Deed in the similar fashion will have the same effect and cost.
  2. Alternately, you can get the Will probated in Court and the Probated Will shall be binding on all the disgruntled heirs as well as the Land & Development office, which would have no other way but to comply by the stipulations in the Will.

S J Mathew
Advocate, Mumbai
3599 Answers
175 Consultations

All deeds mentioned by require stamp duty of 3 per cent if transferred to female and 7 per cent if transferred to male. Even gift deed and release deed require payment  of stamp duty. The best and cheapest option is NOC  from all legal heirs.  

Ravi Shinde
Advocate, Hyderabad
4392 Answers
42 Consultations

If you people have decided to settle the issues amicably and sell the proeprty as per your mutually agreed conditions, then you can obtain the NOC from the legal heirs of yor deceased grandmother and get the property mutated to your name.

After that you people can sell the proeprty and divide the sale consideration amount among yourselves as per the conditions of agreement. 

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

Dear Sir/Ma'am,

1) You have option to get the will probated by a court of law and claim whole of the property as per the wishes of your late grand mother.

 2) If you have decided amicably to enter settlement with your family to equally divide the shares when property is sold, the best way will be to get NOC from all the heirs and get the property mutated in your name. Later sell the property and divide proceeds as per the settlement agreement made with the other family members.

Thank you

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

- Since that said WILL is registered, then you can apply before the court for Probate in your name 

- Further, if other legal heirs are ready for releasing their respective rights in your favour , then they can execute a Relinquiesent deed in your favour. 

- Otherwise, jointly can sell the property as well. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

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