Ayush Wadhwa 03 October 2017

My father property

hello sir...mera naam nishant h m ghaziabad se hu...abi 21 augst 2017 ko mera papa expire ho gaye...to m ye jaana chahta hu...k m apne papa ki property ko apni family k name kaise kara sakta hu...m ghar m sabse bada hu...us k liye muje kya karna hoga...q k mere papa ne house loan liya tha...or loan abi pura nhi hua h...or property k saare original paper bank m jama...or jab tak loan pura nhi hoga wo paper b muje nhi mil sakte...ok...

or mere papa expire hone se pehle hamari ek dukan h usi property m jo k kisi ko sale kar chuke h lekin us dukan ki ragisrty abi nhi hui h...to muje kya karna chahiye...k property b mere or family k naam ho jaye...or m us dukan ki b registry kara saku us k naam jise papa ne beki h...

plz sir ap muje koi asan sa tarika bataye...jisse k m or meri family property k owner ban sake...or dukan ki regisrty b us k name ho sake jise papa ne bekih h dukan..plz

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8 Replies

Ayush Wadhwa 03 October 2017

plz sir ap muje bata dijiye...step by stel jo b muje karna chahiye...i reques u sir

Siddharth Srivastava (Advocate) 03 October 2017

Go for obtaining letter of succession from Ghaziabad court and thereafter apply for mutation of property. All legal heirs of your father are entitled to inherit the property and assets left by your father. Consult a lawyer with details.

G.L.N. Prasad (Retired employee.) 03 October 2017

The othe way is obtaining legal heir certificate and get the property partitioned in the same of family partition between all class 1 legal heirs deed and get the property registered, and then apply for mutation. You can not do all this and personal guidance is necessary in these matters in drafting family settlement deed etc. Contact Advocate.

P. Venu (Advocate) 03 October 2017

Mere mutation in municipal or revenue records does not constitute a title to property. In my humble view, the proper procedure is to execute a settlement or partition and then carry out mutation in the public recors. Legal heirship or succession certificate may not be necessary in executing the deed.

Kumar Doab (FIN) 03 October 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN) 03 October 2017

Obtain death certificate and legal heir certificate.

Shop: Before death your father has agreed to sell to buyer and might have signed agreement to sell and collected some payment.

Probably the shop is not mortgaged to Bank.

All ClassI legal heirs ie.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons and daughters………, can agree to execute sale deed and sign on sale deed.

Discuss in your family and with buyer.

Collect balance payment as per agreement to sell and divide equally amongst all ClassI legal heirs.

Kumar Doab (FIN) 03 October 2017

In my humble opinion:

House; is mortgaged to Bank.

Bank shall not agree to alienate the title.

All ClassI legal heirs may obtain authenticated copies of loan brochure, loan offer, loan approval, loan agreement, loan statement showing payments made and balance……….

And can pay the debt/loan and get the original property docs released from bank and last loan statement showing NIL balance and get NOC.