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virender (manager)     18 December 2011

Father died intestate

hello all..  My father passed away some time ago. he has flat with DDA. it is fully acquired by his own funds and income.. my mother,grand mother, sister and I are the only members in the family . My father could not leave any will...  we are hindus.

Pl. let me how to get the property transfered in my mothers name( as all family members want ). i think  law of succession will apply in absence of will.. what is the entire procedure.. do we have to get a sucession certificate from court and how?

 

pl reply soon

thanks

verender



Learning

 10 Replies

Sanjeev (Lawyer)     18 December 2011

First get the property mutated in DDA follow the below procedure this is available on DDA website the formats of affidavits and Indemnity bonds are also available there after DDA mutation apply for MCD Mutation. As you all want transfer in your mother name so you and your sister would need to sign the relinquishments deeds. There is no requirement from court just get the below procedures completed and apply in DDA for mutation. These documents can be prepared yourself else if you go out to DDA INA office there are people who prepare these at nominal costs.

 

Mutation of Residential Plots in Death Cases where no "Will" has been left by the allottee/lessee/sub-lessee

 

Following documents are required along with a plain paper application.

 

 

  • 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.
  • Copy of “D” form/completion Certificate duly attested.
  • Proof of payment of Ground Rent from the society [in case of a Co-operative Society Plot.

virender (manager)     18 December 2011

hi Sanjeev.. i was under the impression that incase of absence of will, the law of succession will apply and we have to get a sucession certificate form the court.

 

the property is already registered in my fathers name and been alloted to us ten years ago..

 

and its not the case of transfer of allotment neither its the case of transfer of registartion...

 Sanjeev Are you sure of the process mentioned by you .  more i dint find that on dda website.. pls send me the link.

thanks virender

 

Sanjeev (Lawyer)     18 December 2011

if you click on Affidavit in my above post you will reach DDA site. I am sure of the process

virender (manager)     19 December 2011

hi sanjeev.. its is a DDA flat under SFSf scheme  in dwarka and not a resendtial plot.

 the link that you have send me says"  Mutation of Residential Plots in Death Cases where no "Will" has been left by the allottee/lessee/sub-lessee"

I think they are different.....

 

virender..

Sanjeev (Lawyer)     19 December 2011

Its the same what the difference in mutation method if that is a flat or a plot on which House is constructed. This is the standard procedure which is in operation and if you yourself think that there cannot be such a simple procedure for Mutation but should be some complicated one that should happen through court do as you feel.

Sanjeev (Lawyer)     19 December 2011

See attached


Attached File : 115844 235342 5 handbook of mutation.pdf downloaded: 1900 times

virender (manager)     19 December 2011

thanks sanjeev.. just that some lawyers have told our relatives that incase there is no will ..law of succession will apply and we have to approach the court.. i am not sure why a lawyer would say differently when this simple process is there... people get confused and misguided that why they come on this forum to seek a thirdpoint of view.. iam not here to contradict anyone..

 

you dint answere.. about the grandmother? what is  she  suppose to do? file a relinquishment deed as well?

regards

virender

Sanjeev (Lawyer)     19 December 2011

Yes Grandmother would also need to file relinquishment deed if you want to mutate in your mothers name.

Its a easy process but still you can reach the Deputy Director concerned on tuesday and Thursday between 2:30 to 5PM if you need further clarification. The legal process that you have been guided is not required when you are settling amicably I mean if all the legal heirs are ready to relinquish in favour of your mother.

 

In case there is some dispute between the legal heirs than you would need to reach the court.

Harjan (Manager)     18 May 2014

Hello all,

My Father bought a dda flat (conveyance deed exists). Both my parents are no more; grandparents too have expired. I and my brother plan to sell this house; please share the steps that we should follow.

 

thanks

Harjan


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