Q1. Our house was under the name of my unmarried aunt who passed away 5 years ago. She left a will, with witnesses, but it was not registered. We now want to transfer the title of our flat in the name of my father (her brother). Can you suggest what steps need to be taken with this regard. There is no dispute on the property and our relatives will be ready to sign a settlement deed if necessary but getting all of them to a court would be difficult. Q2. For the above case is stamp duty required to be paid in New Delhi and how is it calculated (based on circle rate?)
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1) obtain probate of aunt will while the 2 witnesses are alive
2) if later relatives contest the will you would have difficulty in proving will
3) apply for mutation of property in name of brother
4) enclose will , aunt death certificate
5) notice would be issued to legal heirs .
6) if no objection received property would be transferred in father name
1. It is not clear whether she has given this flat in favour of her brother by Will. If yes then you have to apply for Probate of this Will.
2. If not then all the legal heirs of your aunt will have to gift their share in favour of your father by way of deed of gift making him sole owner of the proeprty.
3.For stamp duty contact Registration Office.
1. It is not mandatory to have a will registred.
2. In most of the places, Will is required to be probated but such grant of probate is not mandatory if the property is situated at Delhi.
3. Whom did your said Aunt bequeathed her properties to?
4. The said beneficiary is the absolute owner of the said property of your late Aunt and he/she shall have to execute and register a gift deed in favour of your father.
5. The other legal heirs of your late Aunt should sign the said Gift Deed as witnesses.
6. It will be prudent on you part to get an Affidavit executed and registered by all the legal heirs of your Aunt affirming that they are aware that the demised Aunt has executed a will in favour of someone for which they have no objection or grievance and do not wish to contest the said Will.
7. Stamp duty will be based on the value of the property being transferred.
My aunt had given 100% of the property to my father (her brother) per the will. In this case I assume no gift deed is needed and only a NOC/Affidavit by all blood relatives would be suffice right? (assuming that in New Delhi probation of the will is not required). Also in this case as the property is transferred to a blood relative would stamp duty still be levied? Or is probation absolutely necessary to proceed
1) always advisable to obtain probate th avoid legal complications
2) it is true probate is optional in delhi
3) NOC and affidavit would be sufficient of other legal heirs
4) for stamp duty local lawyer can guide you
1. Probate is not mandatory in Delhi, so it can be avoided.
2. The Affidavit from other legal heirs as suggested in my earlier post will serve all purpose in this regard.