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Property papers

(Querist) 21 October 2011 This query is : Resolved 
Hello
My query is:
I and my mom live in DDA Flat. We don't have original or any papers for the property, because this property belongs to my mother's uncle who is also my granny's brother. We (myself, my mom and granny) shifted in this property 3 years back, after my mother's Uncle, passed away. My granny was the successor of the property after her brother's death but last year even she passed away and now my mom is the successor . I would like to know what procedure should i follow to get the papers for the property.

if possible please assist us we will be very thankful. For any other information required please let me know.

Thank you,
M.Sheik Mohammed Ali (Expert) 21 October 2011
if you have any xerox copy or survey no, any other xerox of the document then file certificate copy from the concern register office you will get.
Shonee Kapoor (Expert) 21 October 2011
Go to the registrar office, and get the copy of documents by paying requisite fee.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi (Expert) 21 October 2011
you have said your granny was the successor?

hasyour grand uncle left any will ? or he died intestate?

has your granny left any will ?

any nomination?

obtain copies of records from DDA . you will have to execute a indemnity bond and furnish an affidavit of loss of papers

please visit this site for more information

dda.org.in/docs/LOSSDOC.pdf
ajay sethi (Expert) 21 October 2011
TRANSFER OF ALLOCATION/ALLOTMENT OF
FLAT IN DEATH CASE
Following documents are required to be submitted .
§ Affidavit regarding survived legal heirs from the transferee on Non-judicial
stamp paper of Rs. 10/- duly attested.
§ Relinquishment Deed on Rs. 100/- non-judicial stamp paper duly registered.
§ Undertaking from the transferee on non-judicial stamp paper of Rs. 10/- duly
attested.
§ Indemnity Bond from the transferee on Rs. 100/- non-judicial stamp paper
duly attested
§ Death Certificate in original.
§ No Objection Certificate from the employer/Govt. loan paying agency, if
house building advance obtained.
§ Documentary evidence of relationship i.e., attested photocopy of :
§ School leaving certificate duly attested by the gazeeted officer, or
§ Passport, etc.duly attested by the gazeeted officer, and
§ Ration card duly attested by the gazeeted officer

§ For SFS flats bank guarantee duly renewed if applicable.
§ Photograph and three signatures duly attested of the transferee duly attested
by the gazeeted officer
ajay sethi (Expert) 21 October 2011
INDEMNITY BOND
This indemnity bond is made on this____________________day of_____199____by
Sh./Smt.________________________son/wife/daughter of Sh.___________________
r/o_____________________________________ (hereinafter called “the Executant”) in favor of
Delhi Development Authority through its Vice Chairman (hereinafter called “the Authority”). The
expression “the Executant”, shall, unless the context requires a different and another meaning
include his heirs, successors, legal representatives, administrators and permitted assigns. The
expression “the Authority” shall unless the context requires a different or another meaning,
include its successors and assigns.
2. Whereas Sh./Smt._____________________________________son/wife/daughter of
Shri____________________________resident of______________________(hereinafter called
“the allottee) had been allotted a flat bearing No.________Block No.______ Pocket
No._______on___________floor situated at_____________________Delhi/New
Delhi(hereinafter called “the flat”) on hire purchase basis/cash down basis by the Authority under
the S.F.S./M.I.G./L.I.G./Janta category.
3. And whereas Sh______________________________the allottee has died on______ and is
survived by the following legal heirs :-
Sl. No. Name Age Relationship with the deceased
1.
2.
3.
4.
4. And whereas the legal heirs of the Allottee had represented to the Authority to transfer rights
, title and interest of the allottee in favour of Sh./Smt.________________ son/wife/daugther of
Shri________________resident of_________________who is also one of the legal heirs of the
allottee.
5. And whereas the Authority has agreed to transfer the rights, title or interest of the allottee
to the Executant subject to the condition that the Executant executes an Indemnity Bond in
favour of the Authority indemnifying the Authority against any loss or damage that it may sustain
or any action that may be brought against it on account of allowing transfer of the flat in favour of
the Executant.

Therefore, in consideration of the aforesaid agreement, the Executant hereby indemnifies
and shall always keep the Authority indemnified against any loss or damage that it may sustain
by transferring the rights, title or interest of the allottee in his favour or any claim, proceedings or
litigation that may be taken out or brought against it or arising out of or in connection with the
transfer of rights, title or interest of the allottee in favor of the executant.
7. In witness thereof this deed has been signed and delivered by the Executant to the
Authority on the date first mentioned hereinabove.
EXECUTANT
Witnesses :
Signature Name Occupation Address
1.
2.
ajay sethi (Expert) 21 October 2011
AFFIDAVIT
I_____________________________________________son/wife/daughter of
Sh.__________________________aged________________years, resident of_________ do
hereby, solemnly declare and affirm as under:-
1. That Sh./Smt.________________________________________ son/wife/daughter of
Sh._____________________was allottee of Flat No._________Block No.________ Pkt
No.____________in_______________Residential Scheme, Delhi/New Delhi.
2. That Shri/Smt__________son/wife/daughter of Sh._______________resident
of_______________was my father/mother/son/daughter, etc.(Relationship).
3. That the said Shri/Smt________________has died on ___________at____________.
4. That the mother of the deceased late Shri_________________is not alive;
or
That the mother of the deceased late Shri.________________is alive and she has executed
the Relinquishment Deed in favour of the deponent.
5. That the said late Shri/Smt_____________________is survived by the following are the legal
heirs;
Sl No. Name Age Relationship with the Address
Deceased
i)
ii)
iii)
iv)
v)
6. That there are no other legal heirs except mentioned above in para 5.
7. That the deceased has not left behind any registered/unregistered WILL in respect of the
property mentioned above.
8. That I, my husband/wife, dependent relations and minor children do not own any plot or flat in
Delhi except, one being requested for transfer after death of my husband/wife
Shri/Smt.______________________.
VERIFICATION :
I, the above named deponent do hereby verify that the contents of paras 1 to 8 of my
above affidavit are correct to the best of my knowledge and that the contents of para 4 are true to
my belief and that nothing material has been concealed therefrom.
Verified at Delhi/New Delhi on this___________day of______________19_____
DEPONENT
prabhakar singh (Expert) 21 October 2011
nothing more needed now
Raj Kumar Makkad (Expert) 21 October 2011
I do agree with ajay.
kanishk (Querist) 22 October 2011
Thank you every single person for your reply and guidance .

Sir how much time and money will be required for the whole process to be complected .
Shailesh Kr. Shah (Expert) 22 October 2011
It seems that registered sale deed has been done. so no need of Indemnity bond etc. go to sub-registrar office and get certify copy.
M V Gupta (Expert) 23 October 2011
You have stated that on the death of your mother's uncle (i.e., brother of your garnny)your granny became the successor to the property. How? Did not the uncle have his own family or his parents etc? or did he leave a will bequeathing the property to your granny? Further on the death of your granny intestate, the property will devolve on all her heirs such as her daughters and sons etc.Hence subject to your establishing the right of your mother to succeed to the property you may have to approach the DDA for transferring the property in to the name of your mother.
Devajyoti Barman (Expert) 24 October 2011
Yes I agree.
kanishk (Querist) 25 October 2011
@ MR M V Gupta

Sir, my grand uncle was unmarried and my granny was her only sister. My mom is the only child therefore she is the the only successor at present .
kanishk (Querist) 25 October 2011
To get a duplicate copy of the Property papers, should I get the indemnity bond and affidavit printed and filled, on the stamp papers and submit it in the registrar office? Should this be my first step to proceed ?

Shailesh Kr. Shah (Expert) 25 October 2011
No need to submit indemnity bond and affidavit at Sub-Registrar office. Simply apply certify copy of Sale deed on prescribed form.
kanishk (Querist) 26 October 2011
@ Mr Shailesh,

I don't have any sale deed papers sir.
Shailesh Kr. Shah (Expert) 26 October 2011
No issue. If you have no sale deed paper.

Engage local lawyer, tell him details of property, he would search at sub-registrar office, after that he could apply certify copy.


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