How to get documents to prove ownership
ASIM
(Querist) 13 June 2013
This query is : Resolved
My father purchased a House from his own funds. After his death (1999), there are three members in the family, viz., my mother, my sister (married) and myself (son). All are major, and Hindu.
House is situated in Lucknow Uttar Pradesh.
There is no will. The sale deed of the house is in the name of my late father. The house rent receipt, issued by Nagar Nigam (municipal corp) is in my father's name.
There is no dispute amongst ourselves and we three have clear understanding that it is jointly owned by three of us.
Now we want a Bank loan for renovation of this house. How can we show to Bank that the house is now owned by us. We all three will apply for loan.
Whether a 'succession certificate' will be required ? How much time it will take and what will be the court-fee, stamp , fee etc.
Whether there is any other legally acceptable procedure?
Kindly suggest as to how there can be a legal document to show ownership of all the three of us.
Anirudh
(Expert) 13 June 2013
Dear Asim,
You have to apply to the Tehasildar of your area for grant of Legal Heir Certificate. You have to attach the original death certificate of your father.
After making enquiries, the Tehasildar will grant you the Legal Heir Certificate mentioning the names of all the three of you.
Based on such a Legal Heir Certificate you can get the property mutated in your names.
Thereafter all the three of you can jointly apply for bank loan.
Applying for legal heir certificate does not involve any stamp duty. Similarly, for getting mutation also does not involve any stamp duty. However charges for mutation (which is very nominal) would be there.
It will take any where between 3 to 6 months to get the legal heir certificate. Ofcourse, one has to constantly follow up.
Rajendra K Goyal
(Expert) 13 June 2013
I endorse the suggestion of the expert. A court decree is also alternate way. Have the assistance of local lawyer. However, it is costly and time consuming.
Raj Kumar Makkad
(Expert) 13 June 2013
As the property is situated in the limits of Nagar Nigam Lucknow so there is no need to obtain the Legal Heirship Certificate from Tehsildar rather you can directly submit a joint affidavit before the Nagar Nigam officials with death certificate of your father to change the ownership in the property no. shown in the name of your deceased father.
This process can be got completed within a very short period without stamp duty.
ASIM
(Querist) 14 June 2013
Thanks to Experts -Sri R K Makkad , Sri R Goyal & Sri Anirudh-for their assistance in resolving my 'query'. There is still some doubt over the issue of 'requirement' of legal heir certificate. I request the Experts to throw some light with the name of Acts/Law relevant here.
With Thanks and Regards, Asim.
Rajendra K Goyal
(Expert) 14 June 2013
Legal Heir Certificate is issued by an officer empowered for the purpose by the Government. It contains the names of legal heirs of the deceased.
ASIM
(Querist) 28 June 2013
I thank the Experts who have given their valuable time to reply to the Query despite the technical irregularity of having not posted in the same threat. This was not intentional and I regret the inconvenience caused. For setting the records straight, I am re-posting the query in the same thread...
......
Whether 'mutation' of a names of mother, daughter and son of a deceased person's name in place of such deceased person sufficient to prove that such persons are the new owner of the property ?
The reason why I have raised this query is that a Bank official, whom I approached for loan on such a property/, as explained above, advised me that-
a-'...mutation only shows who is liable to pay land-revenue to Government...' and;
b-'...is not a conclusive evidence of ownership';
c-'...mutation does not convey that such person whose name is mutated is the owner of such property...'.
He insisted that i produce succession-certificate instead of going for mutation.
However, in response to my earlier query, I was advised for going for mutation in respect of such property where after death of original owner there are only three claimants, viz. widow, son and daughter.
Is the Banker trying to avoid sanction of loan or is there any truth/part-truth in his statement. It is possible that I have not clearly understood the advice given by the Experts. Please suggest and guide.
...............
Anirudh
(Expert) 28 June 2013
Dear Asim,
You say that you have got the mutation done in revenue records.
I asked you in another thread, as to on what basis you got the mutation done in revenue records?
You have not answered that query so far.
ASIM
(Querist) 09 July 2013
Respected Mr Anirudh Sir,
Thanks for the interest shown.
Regret the delay in replying.
I have not got the mutation done. Myself, my mother and my sister have jointly applied for a 'legal heir certificate' before Tehsildar. I will apply for mutation on the basis of such 'legal heir certificate'.
Regards
Ashish
ASIM
(Querist) 15 July 2013
.Respected Mr Anirudh Sir,
Thanks for the interest shown.
Regret the delay in replying.
I have not got the mutation done. Myself, my mother and my sister have jointly applied for a 'legal heir certificate' before Tehsildar. I will apply for mutation on the basis of such 'legal heir certificate'.
Regards
Ashish
