Chatbox 06 October 2023

Removal of deceased name

Me and my Grandfather have a property in join name. Post the demise of my grandfather, his legal heirs that is my father and uncles have no issues in the transfer of the property in my name. We submitted the legal heir certificate , Relinquishment deed, NOC affidavits and indemnity bonds from all of them for the transfer of their share to my name and yet, the Builder is not doing the needful on one pretext or the other since months now.

I'm being told to get a succession certificate which I understand is only required for movable items not for property.
How do i get the builder to do the needful even if it requires dragging them to court ?

I have kept all my communication over the email and have record of all their evasive answers and ignoring my repeated reminders.

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5 Replies

Real Soul.... (LEGAL) 06 October 2023

You can file suit for declaration and get consent decree and execute that through court., just you will file suit and your father and grandfather or other LR's will be defendants and in the court they will admit your suit and get the decree

Chatbox 06 October 2023

When I've already submitted a surviving member certificate and a consent from all legal heirs mentioned therein for their NOC, relinquiestment deed and indemnity bonds, why would i need to do this ? The point here is, i want to nail the builder down for this harrasment as two of my neighbours had a similar case and they executed the name removal without any such additional requirements they are asking from me !

Real Soul.... (LEGAL) 06 October 2023

He might be having some legal excuse, you can then issue a legal notice and give him time frame to issue certificate and or face consequinces upon his cost and expenses

Chatbox 06 October 2023

Legal excuse would be valid if I did'nt had two mirror cases like my own one in front of me . As for sending the builder legal notice, That's exactly what i want to do. I've asked them over about the need for the documents they are asking over email and they won't reply on email as that goes on record.

T. Kalaiselvan, Advocate (Advocate) 07 October 2023

First of all stop communicating with the builder through email.

The email correspondences are not admissible as primary evidence in court of law..

It is a jointly owned property by you with your grandfather, since he is reported to have died intestate, his own legal heirs have to transfer your grandfather's sahre in the property in your name by executing a registered gift deed or a registered sale deed and not by a relinquishment deed or NOC.

After that you can approach the builder with a letter sent from your side to remove your grandfather's name in the title and to hold you as a single and absolute owner on the basis of the documentary evidences submitted to support your claim.

If he is refusing or remains silent then you can issue a legal notice followed by filing a complaint with the consumer commission for deficiency in service and can seek heavy compensation too for this humiliating act.

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