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Kapil (--)     02 September 2012

Help needed

Hi,

My father, grandmother and uncle were alloted lease to a house in Delhi in 1967 (land is owned by L&DO). My grandmother is no more and through a relinquishment deed from my Uncle's side, my father and Aunt got leasehold rights for the first floor on this property. My Aunt then released her rights in favour of my father through a GPA and sale deed. My father expired in 1997 intestate. Through No Objection Affidavits from me and my 2 sisters, my mother got the property mutated in her name in MCD records in year 2007. My mother too expired in year 2011. She left a registered will in which she has expressed her desire to pass on 100% of her ownership in this property to me.

Now I wish to understand the following...

1. Through the registered No Objection Affidavits, did my mother get 100% right to the property? Or is it that she had just 1/4th rights while the rest was with us siblings? If latter is true, she could not have willed 100% property to me. Is my assessment correct?

2. Do I need to have my sisters again sign a No Objection Certificate with respect to the execution of my mother's will? They would be willing to do the same. However, I would want to go in for additional paperwork in case it was absolutely necessary. Also would this signing need to be done in front of a magistrate?

3. What would I need to do to ensure that the clear ownership rests in my name and there are no legal hassles at a later date for me or my family?

4. We had an additional floor constructed on the terrace of 1st floor in year 1987. This was later sold of to a 3rd party. Now to get the property converted from leasehold to freehold, I would need to file the conversion request in conjunction with the owner of 2nd floor. Is this correct? Additionally, what would I need to do to ensure that I am authorized to file for this conversion (get the property mutated in my name before conversion request is filed)?

Your inputs would be greatly appreciated.

Thanks,



Learning

 1 Replies

Kapil (--)     04 September 2012

Hi, Can an expert please help me out? Thanks.

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