Is separate title deed required after will, probate, mutation?
The commercial property (2nd floor) in Vasant Vihar, New Delhi, was bequeathed to me by my late paternal aunt through a registered will (2009). The will was probated by the Hon’ble Calcutta High Court on 19 November 2018, after which the executors handed over possession to me in April 2019. The property was mutated in my name with the Municipal Corporation of Delhi (January 2021), and I have been paying property taxes regularly. I also receive monthly rental income from the property, and in January 2025, I onboarded a tenant with a registered 9-year lease deed. Now, do I need a separate title deed for ownership of the 2nd floor property, since I only have a copy of the conveyance deed in my late paternal aunt’s name? Further, as the original conveyance deed has been lost, can I provide a certified copy of the conveyance deed to mortgage the property for a bank loan? Please advise.
You don’t need a new title deed. Your ownership is already valid through the probated will, mutation, and tax records. Since the original conveyance deed is lost, you can get a certified copy from the Sub-Registrar after filing a police report and public notice. Banks usually accept this certified copy, along with the probate and mutation papers, for a loan. For further legal assistance contact us on our helpline number.
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