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Esha   01 July 2017

Registration of house of late father in my name without deed

Sir/Madam, Kindly Advise me with regard to my Question:

My Father passed away in the year 2009. He had purchased a 2 Bedroom Flat in Ghaziabad and leased it. Registry of the house was not done as my father passed away suddenly. He was a Govt Employee. Due to a fire in his office, while he was alive, the Documents of the house were destroyed. (My father intended to get the house registered so he had kept the documents in his office).
My Mother also passed away in 2011, due to Cancer. I am the only Child of my parents and also a govt Employee. I need to register the House in my own name as soon as possible. Since I do not have the original documents, I have faced lot of difficulties with regard to registration of the house in my name. Can you please guide me about the Proper Procedure to apply for ownership of the house. I have the photocopy of Allotment letter and Original Handing/taking over certificate of the Flat (addressed to my father and Duly signed and stamped by allotment authority), with me. Will these documents be sufficient to apply for ownership of the house? Kindly advise me as to the procedure for registry of the house in my own name as well as succession certificate procedures, if required. Unfortunately, My Parents never made a Will.

Thanks for your help.



Learning

 15 Replies

Siddharth Srivastava (Advocate)     01 July 2017

Consult a lwayer with details. You can contact authorities who had allotted the flat and can request forv registration. You can also take help of RTI in this regard.

rashika chaddha   02 July 2017

You may obtain the certified copies of the Sale deeds from the concerned sub- registrar and simultaneously may apply for succession certificate from the court in your favour.

Ms.Usha Kapoor (CEO)     02 July 2017

you apply for death vcertificate of your father from  the Registrar of Births and deaths or from the Hospital where your father expired. You also obtain legall heir cdrtificate fropm local Tehsil Office. Then you proceed to obtsain Succession certificate  from district court within your area's Jurisdiction to apply for succession certificate based on original handing over certificate of flat to your late father by allotment authority Signed and Stamped  by him. and produce xerox copies of original docunents which according  to you had been destroyed by a fire accident.Xerox copies are secondary evidence and the court may consider secondary evidence as originals  have been lost   due to factors beyond your control.The District court   after satisfying   itself with your evidence and due enquiry and would isssue  a succession certificate in summary proceeedings.in your favour.

1 Like

P. Venu (Advocate)     02 July 2017

Facts, as stated, are confusing. Had your father purchased the flat or was it "allotted" to him?

Sri Vijayan.A (Legal Consultant)     02 July 2017

I understood that your father got allotment of apartment and the sale is not yet completed.

You have to do the following simple things.

  1. Apply for and get death certificate of your parents.
  2. Apply for and get the legal heirship certificates of your parents.
  3. Make a repesentation to the allotting authorities stating that the original allottee expired and his wife also died leaving the only heir. Also request the authorities to execute the sale deed in favour of yourself, the only legal heir.

That's all.

A. Sri Vijayan

94440 48547

Kumar Doab (FIN)     02 July 2017

It is believed that you are Hindu.

Confirm!

Kumar Doab (FIN)     02 July 2017

In case of Hindu male; ClassI legal heirs i.e. Mother (if alive as on date of death), wife (if alive as on date of death), sons, daughters…………have 1st right.

 

In case of Hindu Woman; Nature and source of property matters.

If the property is self acquired/absolute the 1st right is of husband (if alive as on date of death), sons, daughters.

If the property is acquired from husband the heirs of husband have right on property.

 

In your case you seem to be sole legal heir……………. if mother of your father was not alive as on date of his death.

Kumar Doab (FIN)     02 July 2017

Allotment letter should suffice.

Go thru rules of allotment, intestate succession, of the authority, if required,  that should be on website or in office.

 

Try Thru RTI route to get certified copies of said docs.

Check with O/o Authority; since docs issued are by authority, photocopy may be accepted…………………..and/or loss of original may have be reported/acknowledged. 

 

 

Obtain death certificate, legal heir certificate of father/mother.These are basic requirements.

This seems to be simple case of inheritance (intestate Succession) procedure of which is usually available on website of authority and certainly in office.

Local renowned/influential persons e.g; are councilor can also help you.

There might be some column in requisite forms to get it attested from say local councilor.

 

In case you are unable to resolve on your own take help of a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters well versed with matters of the said authority.

D Daniel   02 July 2017

I entirely concur with Mr. A. Sri Vijayan 94440 48547. I sincerely feel one needs to render the apt legal solution. D. Daniel.

Kumar Doab (FIN)     02 July 2017

The O/o Authority must be having prescribed forms for such cases.

Go thru the same and comply.

Esha   04 July 2017

Thank you everyone for your Kind Guidance. I will take the RTI route to get certified copies of Docs as suggested by Mr Kumar Doab and also simultaneously apply for Succession Certificate as advised by Usha Kapoor Mam.

 

Esha   04 July 2017

Originally posted by : Kumar Doab
It is believed that you are Hindu.

Confirm!

Yes Sir, I am Hindu. 

Esha   04 July 2017

Esha   04 July 2017

Originally posted by : P. Venu
Facts, as stated, are confusing. Had your father purchased the flat or was it "allotted" to him?

Sir, My Father had purchased the Flat. He had the Property Deed but they got destroyed in the office fire. The Documents I FOUND were the photocopy of Allotment letter and the original handing over/taking over certificate.
 


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