Transfer of land plus flat left intestate in garia, kolkata
Avishek
(Querist) 28 November 2016
This query is : Resolved
My grandmother had bought 2 pieces of lands in 1962 and 1964, at Garia, South 24 Parganas (now Kolkata 84). Original deeds were washed out in 1978 heavy rains, and certified copies were collected in 1979. Since then we are using the certified copy for all practical purposes.
In 1999 my grandmother died, and property came to my grandfather, uncle and mother. Same was updated in municipality records by means of an Affiidavit, but not mutated in land record.
Later we constructed an apartment on the land. Sanctioned plan and all applications bears my grandfathers name. Subsequently my grandfather died, but the same was not updated in municipality records. My mother and uncle registered the sale deed for all flat owners, but kept two flats for our own use.
Now my uncle has also died. Completion Certificate and Completion Plan has been obtained bearing my grandfathers name.
My queries.
1. When i went to mutate the two flats, i.e., one in my mothers name, and one in name of my widow aunt and brother, they told me to transfer the land first by means of waarish certificate and death certificate. How to obtain waarish certificate in kolkata? Can't it be done my Affidavit?
2. Then, how to mutate the two flats, i.e., one in my mothers name, and one in name of my widow aunt and brother? Do we require an Affidavit declaring who is taking which flat, since there will be no sale deed?
3. How the above owners name will be updated in all land/ flat related records to enable future selling of the flats (if necessary)?
Please guide us, as myself and my brother are completely lost in this matter.
Rajendra K Goyal
(Expert) 28 November 2016
The Municipality may not mutate the property record in absence of proper documents.
Discuss with local lawyer, a case for declaration may have to be filed.
In case of need expert Devajyoti Barman of this forum is from Kolkata, you can have professional guidance from him.
May send him PM.
Click his name - his profile would open - click send PM- write and send.
R.K Nanda
(Expert) 29 November 2016
contact local lawyer.
Kumar Doab
(Expert) 29 November 2016
You have posted that:
"Same was updated in municipality records by means of an Affiidavit"
Obtain all record under RTI, including but not limited to affidavit.
The Naib Tehsildar in MC can also guide you.
At Some locations legal heir ( Waaris) affidavit was being accepted.
Apparently the property is within MC jurisdiction/limits.
The legal heir certificate is issued by tehisldar.
Kumar Doab
(Expert) 29 November 2016
Expert Mr. Devajyoti Barman is from Kolkota.
You can benefit from his counsel.
Sankaranarayanan
(Expert) 29 November 2016
Mr Avishek approach Mr Barman as suggested by Expert Mr Doab
Kumar Doab
(Expert) 29 November 2016
Expert Mr. Sankar Narayanan,
Thanks for agreeing.
