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Udit (MD)     05 April 2012

Original property documents lost

My mother 'X' was the owner of a property in New Delhi from year 1955. She expired in '84 and her husband 'Y' expired in '09. 'X' has 3 sons(A,B,C) and 2 Daughters(L,M). All the original documents are lost. No document / index number/volume number is retreived from any of the offices in Kashmere Gate/Mehrauli/House tax office/Electricity/Water offices despite of continuous efforts from past 3 months but all efforts went in vain. Now, we all brother n sisters have agreed for division of property under mutual agreement. The said property is now to be transfered to me 'A'. Following doubts are:-
1) Now, what shall I do?
2) We are thinking of Relinquishment Deed(RD) but I have a doubt that could it get registered in this case?
3) Could RD be challenged by any of the legal heirs in future?
4) Does any undisclosed WILL registered before about this property hold any significance after registeration of RD?
5) Would the value of property would fall with a RD and face a problem in case of sell out in future?
Waiting for your positive reply. Thanking you.



Learning

 6 Replies

pratik (self working)     06 April 2012

Even i also want to the answer with the ciation if any

 

Dr J C Vashista (Advocate)     06 April 2012

Did you report the matter of lost documents to police and other authorities? If not, get it reported and published.

Go for RD which is un-revocable.

No valuation for RD.

Dr J C Vashista #9891152939

Kishtaiah (Advocate)     06 April 2012

Go in for family settlement among all legal heirs and register the same and get it mutated in the concerned records then pay taxes to your inherited property.  I think, if you have xerox copies of the documents, you can get certified copies of its originals.  If original revenue records are not available, find what are entries in the govt records against your property.  Is it shown government or private.   If not shown as govt ( naturally it should as you brief ) then you are the possessors traced to ancestral holding.  Consult in Registrar Office of the area.

Ajit Singh Cheema (practising Advocate)     06 April 2012

Filing of Declatory suit may be one of the best options, making all the legal heirs as party.

sri (ceo)     12 April 2012

what will you do if the documents were mortgaged.. by somebody... may be by your parents without your knowledge...

you can retrieve details of tax paid from municipal offices... with house number you can also retrieve the survey number and details of plot... the building permission details can also be got... for building permission the documents submitted must be lying with them...

get clearance from unknown person also in order not to fall into unknown trouble... its clear that your family members may not create problem but once you go and claim your ownership on registration, you may find new smilie...with link documents and encumberances ...

Nitin (Senior Analyst)     26 February 2015


 

 

 

My Grand father 'X' was the owner of a property in New Delhi . He was expired in 1988, he has 4sons and  3 daughters. All the original documents are lost and they don’t know in which year the property was registered, they only know that property was registered in the period of 1955 To 1962, No document / index number/volume number is retreived from any of the offices in Kashmere Gate/Mehrauli/House tax office/Electricity/Water offices despite of continuous efforts from past 3 months 

 

Please let me know what should I do.


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