aru (doctor) 04 September 2012

Ancestral property

Dear Experts,

i would like your expert opinion, on our situation. recently we demolished our ancestral property and applied for planning permission just then we found the parent documents are missing , the only documents have been the tax paid for nearly 60 - 70 years . Also the property was bought in the year 1900 by my great granfather and tax has been paid since then . My grandfather has left a will which clearly settles the property to my mother and the settlement deed is registered . Now can i get a court order to advise the authorities to accept the available evidence in the form of tax reciepts and settlement deed to issue planning permission. if not what is the normal protocol to get planning permission when the documents are missing. I have the death certificates of my grand father not my great grand father.. Please advise me how and what to do in this situation.

Jagadeesh

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5 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 04 September 2012

Dear Aru,

You have forgot to mention the location of your property? Only on ascertaining the location of property, I can suggest you accordingly.

aru (doctor) 05 September 2012

The Property is in Chennai

Aru J

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 05 September 2012

Dear Aru,

You can obtain certified copy of the original title deed and as per Tamil nadu laws, a Will Deed is required to be probated, hence, you can obtain the orders of the Court probating the Will Deed of your Grand Father.

Since the Flow of title is more than 30 years and from the date of probate of Will, if there are no encumbrance charges available on property. no one can dispute the same.

For obtaining permissions of municipal or any authorities, only certified copies are required and it is not compulsory to produce originals before those authorities. The cannot dispute title of your property unless it is a Government land or if any objection is raised by third parties.

aru (doctor) 05 September 2012

Mr Rao,

Thanks for your advise, can you advise me how to get a certified copy of the original title - should i approach the courts and also probating the will, should i contact a property laywer regarding this.

ARU J