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Transfer of father's house when there is no registry.

(Querist) 10 May 2022 This query is : Resolved 
My father had been living in pre-independence era house, in Ambala. Things like Electricity, Water and Property Tax in Municipal Committee's accounts are all in the name of my father.

In the name of house-related papers, we've got a Stamp-Paper having will written on it, with official sub-registrar seals and witnesses. Tehsildar's office does not want to spend time checking this will in their records. I guess because this is dated in 1940. They instead are asking us to provide them with some registry no. which we don't know.

What should be done in this case? I am either looking to have this house transferred in my name, to finally sell it or I want to get rid of my name from this house, so that I won't be held responsible for anything that happens with/in this house.

Thank you.
kavksatyanarayana (Expert) 10 May 2022
Then why ask query? Keep silence. How many legal heirs are there? Whether your father is alive or not? Now you can check the site of Revenue. You can get some information.
K Rajasekharan (Expert) 10 May 2022
What one can understand from this query is that the house is owned by your father and he prepared a registered Will in your name in 1940. Now he is no more and you want to transfer the house to your name.

If your father was in ownership or possession of the house since 1940 and you are still keeping its possession as his legal heir, nobody else can make a legal claim on this property as its owner because there is limitation period for claiming it, except in some rare situation.

Now what you can do is to approach the Tehsildar to transfer the house into your name based on the Will and other documents. In case he refuses to transfer it saying this and that, you can file complaints before his superior and the District Collector who would scrutinise the issue.

If that also fails, you can file a writ petition in the High Court seeking a direction to the collector to do what is prescribed in law in this regard for the transfer the property to you as a legal heir.

At the end, you will either get the property or else the legal position of ownership will become crystal clear.

Dr J C Vashista (Expert) 11 May 2022
Show the document of will to a local prudent lawyer for appreciation of facts, which are vague in this post, professional advise and necessary proceeding.
SHIRISH PAWAR, 7738990900 (Expert) 11 May 2022

Appoint advocate and get title and search report from him. As per me, you can sell the property on the basis of documents available with you and title and search report.

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