Ancestral property

This query is : Resolved 

02 July 2012

dear sir,
My name is Lalit Kumar Garg. I am from Firozabad (Uttar Pradesh).I live in an ancestral house which is in the name of my grand father by way of registered family partition deed . Registration year is 1959 . I have second copy of this partition deed .This deed is not in very good condition now.In 1993 my grand father made a registered will in favour of my father and my uncle.As per will half of the house of north side for my uncle and half of the house of south side for my father.After my grand father death in 2004 my uncle and my father has divided the house as per will. Now my uncle sold our portion in march2012.Now half of this house of south side in my father name as per my grand father will.
My father has died intestate in 2006 .We are four members in my family consisting
mother, younger brother and one married sister. In municipal record name of my
mother has been entered as per the will of my grand father.Prior to this change the
property is in the name of my grand father's elder brother in municipal record.
Now we are paying the municipal taxes in my mother name. After my father death
we (my family) have destroyed our portion (old construction)completely and
constructed ground floor again and rennovate our portion in 2011.Now the problem is that when we(my family) want a home loan from bank then bank officials said that they can not give any loan on this property because of insufficient papers of property .They want the sale deed of this property i.e actual buyer of this house(property)prior to partition in 1959 which is not in my knowledge.Also they want the succession certificate because my father has died intestate.There are no dispute in my family . We want home loan for first floor construction.
Now what should i do to solve this problem so that the bank can not reject my
loan application?
I am awaiting of your valuable suggession and advice.

thanks & regards
lalit kumar garg

Rasik Dagli (Expert)
03 July 2012

For granting Loan Bank will require Title Clearance Certificate. For issuing Title Clearance Certificate only last THIRTY years Registration and Revenue records are to be verified. One need not go beyond that. So records of 1959 are not necessary.
Secondly, as your father has not made a will, you have to obtain succession Certificate. Some Banks allow written consents with Declaration on oath by all the Legal Heirs that they have no objection for giving Loan in the name of one of the Legal Heir (normally Head of the Family)
So ask your bank to get satisfied with this. If Bank do not agree you have to obtain Succession Certificate and also Title Clearance Certificate from any Property Lawyer or Lawyer appointed by the Bank.
Rasik Dagli

manoj joshi (Expert)
24 November 2012

how to get title clerence certificate and from where

Rasik Dagli (Expert)
25 November 2012

Obtaining or issuing Title Clearance Certificate is a Legal Process. You have to engage a Property Lawyer for this purpose. You will be required to furnish certain information and details of the Property and also authorise the Lawyer to carry on the Process including publishing a Public Notice in a local Daily Newspaper having largest circulation.
Rasik Dagli

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