How to clean up the title of property
premal
(Querist) 19 April 2018
This query is : Resolved
i have purchase from property by registering and paying stamp duty from the wife of owner who is deceased stating that she was alone and there is no legal heir other than her. but at later date i came to know that there sons and daughter of the lady .the deceased per son has no will. so how can i clean up the title. please guide for the same.
Ms.Usha Kapoor
(Expert) 19 April 2018
In old age the deceases lady's children must have abandoned her. If she legally transferred the property by way of gift by payment of proper stamp duty and registration charges you will become the absolute owner with all its attributes such as sell, bequeath, exchange, mortgage,gift etc.you say she had not transferred the property by registrered will. but you'd gone to Registrar office and finished registration. Did you pay consideration? Then she must have sold the property to you. If no consideration was paid then it must have been gift.Please confirm. Was it sale or gift.?You have become owner. If you'd followed either of these two transactions, sale or gift you will get a clean title otherwise not.
Kumar Doab
(Expert) 19 April 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Which personal law applies in this case upon seller?
Or are they all Hindu?
The said property is agricultural land, rural, Urban, or it is a building, society flat etc?
What was registered ; agreement to sell or sale deed?
Is IT narrated in any agreement to sell/sale deed that deceased has not left any valid WILL and NO other surviving legal heirs and sole surviving legal heir/successor is the seller (Lady)?
Was mutation records with link docs showing updated mutations and Lady being sole owner by inheritance e.g; Legal heir/succession certificate, and/or affidavit/NOC/indemnity by said lady her sons/daughters (in favor of Lady), …….. obtained and attached while applying of registration?
The property is in which state?
Confirm!
Kumar Doab
(Expert) 19 April 2018
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence), NOC/AFFIDAVIT/INDEMNITY etc are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. The legal heirs then obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs can also consider perspective of registered family settlement after the WILL and register it.
Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter legal heirs can obtain copy of updated mutation records.
Check locally and find if procedure was duly complied with and get copies of all docs.
This shall reveal if any fraudulent act is committed, or seller and her said sons and daughters are clouding/not colluding..
Kumar Doab
(Expert) 19 April 2018
Usually as per local revenue codes/procedures the seller is to attach update mutation records say; Virasat Ka Intkaal along with sale deed before registering authority ……………to establish that seller is owner/title holder of property being sold.
The registering authority should not blindly register the sale deed.
IN any case If said sons and daughters are telling truth then if they agree they may agree to consent to sale deed in your favor..
Get in touch with a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt and your counsel mat opine that if said sons and daughter agree, a declaration suit may serve your purpose..
The Lady may agree to pay the respective shares to her sons and daughters………..and they may agree to consent to sale in your favor..
Or said sons, daughters may consent in your favor upon getting payment of their share
Or you may have to proceed against the seller ……
In future don’t err in property matters and consult in advance..
Ms.Usha Kapoor
(Expert) 20 April 2018
Since it is a sale you paid valuable consideration and bought through registered sale deed with proper stamp duty you got a clean and marketable title from that lady.
premal
(Querist) 20 April 2018
thanks for your reply. this is residental flat in mumbai jurisdiction and as per local lawyer for clear title consent or no objection affidavit require from sons/daughter or give notice in news paper that this flat legally mine any body has any objection reply in 15 days . if no body turn up title will be clear however if if i sell the flat i have to give consent letter to buyer that if any body claims against this property in future , i will liable to resolve dispute in both process. is that so? kindly reply
premal
(Querist) 20 April 2018
thanks for your reply. this is residental flat in mumbai jurisdiction and as per local lawyer for clear title consent or no objection affidavit require from sons/daughter or give notice in news paper that this flat legally mine any body has any objection reply in 15 days . if no body turn up title will be clear however if if i sell the flat i have to give consent letter to buyer that if any body claims against this property in future , i will liable to resolve dispute in both process. is that so? kindly reply
Ms.Usha Kapoor
(Expert) 20 April 2018
Actually release or relinquishment Deed is more necessary than no objection affidavit. So take A a relinquishment deed from her son s and daughters signed by all of them and get it registered. Legal Heirs of the old lady would release all their Right, title and interest in the property in her favour
Ms.Usha Kapoor
(Expert) 20 April 2018
If you sell the flat you need to resolve the dispute between both the parties is correct unless you contract otherwise.
P. Venu
(Expert) 20 April 2018
Was the lady the absolute owner of the property? How did she acquire title to the property?
