Nimesh Dave (General Secretary) 09 August 2011

Title clearance certificate

I have decided to purchase a house property in Gujarat. The Property is in joint names of Mother and son. Mother died in 1993. She prepared a will in 1991. Father and the Elder son were died in 1995 and 1997. Now only Two sons are living.

One of the two living sons is joint holder of the property. Mother had clearly mentioned in Will that after her death her husband ( Father of Sons ) can stay in the house. After the death of the husband the house property ownership shall be with the son whosw name in sale deed.

The another living son has also given his consent that the property should be transfered in the name of his brother as per mother will. All legal papers have been submitted before the city survey authorities for deletion of the name of Mother from property card.

Whehter title clearance certificate can be issued in this case ?

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6 Replies

pervez (adviser) 09 August 2011

you have not indicated whether will is probated or not... what is familty tree of deceased son as also other son who has consented for transfer... you have also not indicated whether elder son died instate or otherwise.... pl. ascertain the facts and decide... Despite will, the main issue remains as to who are all the legal heirs..?

Bharatkumar (ADVOCATE ) 09 August 2011

Title certificate is necessary for property for that u contact advocate and then give a public notice on news paper by advocate and then advocate search a 30 years records of sub-registrar office and revenue records and then advocate issue a title certificate of property.

Nimesh Dave (General Secretary) 12 August 2011

I am sending family tree for getting best advise.

Attached File : 84871 201764 2 family tree.pdf downloaded: 314 times

Bharatkumar (ADVOCATE ) 12 August 2011

Now only Mr. Nareshbhai R. Dave is owner of the property, but u says about WILL? But i think u give a public notice in news papers for that and take a title certificate then u purchase a property. I m also from Gujarat.

Nimesh Dave (General Secretary) 13 August 2011

Thank You Bharatbhai,

OLS Mumbai 24 December 2015

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