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Rishabh Jain   06 September 2018

Dda property mutation

A (husband) and B (wife) became members of DDA in 1979. A died in 1980. The couple had two children C (daughter) born in 1958 and D (son) born in 1961. Both B and D took possession of the property in the year 1987. But before 1987, all payments with respect to the property from 1980 till 1987 were made in the name of B through his own account. In 1986, both B and her daughter C , relinquished all her shares, rights titles etc vested in the property after the demise of A who could have been an original allotee but died before taking the possession long back in 1980. But then even after relinquishing her share in the property , the authority gave joint names on the possession certificate (jointly) in the names of both B and her son D. B expired in 1994 and D died in 2006. Both the relinquishment deeds were duly registered with the sub-registrar in 1986. 

One of the lawyers has told C, the daughter has also relinquished her share in the property in 1986 and now cannot get her share either throught the court or by any other means. The file in the authority has happened to be misplaced (as claimed by the department). 

Now I have both the relinquishment deeds with me along with the death certificates , how can I transfer the property in the name of legal heirs of D (Son's family). Also, the NOC of C which has already been taken in 1986 may not be needed now as the lawyer has told us the Relinquishment deed is given only one ?

How can the auhtority transfer the property in joint names of mother and son were given in the possession letter when she has already given her relinquishment deed in favour of her son way back in 1986 ?

Is there any person who can get the property mutation/freehold, what formalities would be required? I also eblieve Relinquishment deed would not be required again ? Please explain and help me for getting the property transfered in the name of the legal heirs of D. 



Learning

 12 Replies

Adv. Aditya (Litigator GROSON ADVISORS)     06 September 2018

Dear Concerned, you need a conversion deed in the name of the legal heirs, which can be obtained. Please forward the file no., alotment letter and the POA by original alottee at legaladvice@grosonadvisors.com,

Regards,

GROSON ADVISORS

www.grosonadvisors.com.

Rishabh Jain   06 September 2018

WE DONT HAVE THE POA AS THE MOTHER OF THE DECEASED SON DIED INTESTATE. 

MOTHER ALREADY EXECUTED THE RELINQUISHMENT DEED IN FAVOUR OF HER SON BUT THE PROPERTY GOT TRANSFERED IN HER NAME ALSO IN POSSESSION CERTIFICATE AFTER R.DEED IN FAVOUR OF SON. CAN THE LEGAL HEIRS OF THE SON TRANSFER THE PROPERTY IN THEIR FAVOUR AS EVERYBODY IS DECEASED NOW, ONLY LEGAL HEIRS OF SON LEFT. 

SON'S SISTER ALREADY EXECUTED R DEED IN 1986 ALONG WITH MOTHER AFTER FATHER DEMISE IN 1980 BEFORE TAKING THE POSSESSION.

HOPE THIS INFO ALSO HELPS, PLEASE LET ME KNOW SO THAT I AM CLEAR IN MY MIND BEFORE TAKING ANY ACTION.

R.Ramachandran (Advocate)     06 September 2018

You say:

"But then even after relinquishing her share in the property , the authority gave joint names on the possession certificate (jointly) in the names of both B and her son D."

Legally DDA is right in having mutated the property both in the name of B and D.

You also say: "One of the lawyers has told C, the daughter has also relinquished her share in the property in 1986 and now cannot get her share either throught the court or by any other means."

The above statement by the said lawyer, is without understanding the real legal position.  The statement by the said lawyer is not correct.

 

Rishabh Jain   06 September 2018

Ramchandran Sir, then what is the real position as per law and what you accumulate , hows dda right in mutating the property in both the names even after relinquishment deeds ? Explain it  in some detail sir in a layman's language.

R.Ramachandran (Advocate)     06 September 2018

I have already told you.  The real legal position is opposite to what you have mentioned.

R.Ramachandran (Advocate)     06 September 2018

I have already told you.  The real legal position is opposite to what you have mentioned.

Adv. Aditya (Litigator GROSON ADVISORS)     06 September 2018

Dear Concerned,

Without seeing documents it becomes hard to provide any opinion of the sort that you require. However, hereunder we provide the list of documents required for mutation.

Affidavit, Indeminity Bond, Relinquishment Deed, Death Certificate in Original, Proof of relationship, viz., copy of ration card, or copy of passport or copy of voter’s identity card, duly attested by gazetted officer/Notary Public/Magistrate, NOC or redemption deed, if plot is mortgaged, One photograph & Three Specimen Signatures of mutatee duly attested by Class I Gazetted Officer/Ist class Magistrate, NOC from the society (In case of a Society plot), Copy of “D” form/completion Certificate duly attested

Regards,

GROSON ADVISORS

legaladvice@grosonadvisors.com

Kumar Doab (FIN)     07 September 2018

 

Which personal law applies in your case?

Are you all Hindu?

Confirm!

 

Kumar Doab (FIN)     07 September 2018

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…… ( Hope the mother was not alive as on date of death)

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

Probably the allotment was in 2 names since they took possession.

Kumar Doab (FIN)     07 September 2018

 

Legal hiers of any deceased can approach court and court shall decide on merits.

The NOC by one legal heir (C) may not necessarily be equivalent of registered relinquishment deed.

If the file is lost then who will vouch for said NOC.

The relinquishment deed may help.

Probably the mention of file of having been lost is made verbally, and might be to push the applicant to agents (if there are agents operating there).

 

 

Kumar Doab (FIN)     07 September 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The list of docs might be available on website or in application form..

 

If you are uanble to resolve on your own you may take 

take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, and your own very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..e.g; the evidences that you have,  etc  

There are such very able counsels at each location.

Check for such counsels at LOCAL Civil courts, HC, SC…

1 Like

Rishabh Jain   08 September 2018

Hindu religion every person

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