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Nitin Agrawal   12 January 2023

Transfer of inherited property without relinquishment deed, & how to ascertain integrity of a lawyer

My mother had purchased a small property in Surat.  That property was allotted to my mother but has not been registered.   I do not know the details of the purchase transactions.  

We have possession of that property.  And we have been paying property tax on it (it is called vera bill there).  The Vera Bill is in the name of a Trust (which is not associated with my mother or my family); but after the name of that Trust, the Vera Bill states: "Poss [My mother's name]".  We have also been paying maintenance for that building (security, lift, common area maintenance) to that Trust.  

After my dad, my mom also passed away interstate.  My siblings (brothers and sisters), most of whom reside in different states in India, are willing to transfer that property in my name.  But they will not travel to Surat due to their busy schedules and other reasons.  I have the following questions:

1) What documents can they execute in their respective cities so that the property can be transferred to my name? What is the format of those documents?  What is the procedure to get those documents?  It is my understanding that a Relinquishment Deed is not possible here because my siblings would have to go to the Sub-Registrar's office in Surat to register that deed. 

2) I have looked on the internet for a few property law lawyers in Surat to help me with this transaction.  But how do I ascertain online whether the local lawyer is in good standing (i.e. he is not a cheat) and will not defraud me?

Thanking you experts for an early response and your guidance.



Learning

 4 Replies

Dr J C Vashista (Advocate)     12 January 2023

Please be clear whether the subject property has been purchased by your mother or it has been allotted as both the statements do not match.

Moreover, purchased transaction is invalid if it is registered.

Which authority and under which catagory / circumstances / scheme the property has allotted, if so ?

1 Like

Nitin Agrawal   12 January 2023

Yes, the subject property was purchased by my mother 20+ years ago.  I was told that money was paid to the Trust that built the building. That trust 20+ years ago issued a letter certifying that a unit in that building was allotted to my mother.  We have had that unit in our possession for 20+ years.  But my mother did not have that property registered.  The Trust that built the building still manages that building.  We pay maintenance to that Trust every year as stated earlier, and also pay the property tax to the Municipal Corporation.

My question is:

1) What documents can my siblings (brothers and sisters) execute in their respective cities so that the property can be transferred to my name? What is the format of those documents?  What is the procedure to get those documents?  It is my understanding that a Relinquishment Deed is not possible here because my siblings would have to go to the Sub-Registrar's office in Surat to register that deed. 

2) I have looked on the internet for a few property law lawyers in Surat to help me with this transaction.  But how do I ascertain whether the local lawyer is in good standing (i.e. he is not a cheat) and will not defraud me?

Will greatly appreciate experts' help and guidance.

Asgher Mahdi (Advocate & Legal Advisor)     13 January 2023

For your query No:2 in respect of local lawyer may lead to offence whereas, how can you sure and trust the lawyerclub lawyer in this matter after your query have been cleared? Better, hand over your case to known lawyer to whom you have much confidence  & trust.

Nitin Agrawal   13 January 2023

W.r.t. comment/advice of Mr. Mahdi, I first state that if I had a "known lawyer," I would not be looking for one on the internet.  Secondly, I clarify the concerns that I mentioned in my Query No.2:  I know of a few jurisdictions in this world, where the official website of a bar association maintains a directory of all the lawyers registered with them.  That directory not only contains the official contact information (address, phone, etc) of each lawyer, but also the "standing" of each lawyer, i.e. synopsis of any complaints against them, resolutions of those complaints (if any), etc.  Does any Bar Association in India/Gujarat maintain this kind of information?  If yes, where?  Because this official/verified information will assure me that I am engaging a registered lawyer and not any imposter.  If the Bar Association does not make this information available online, is there any other online method available via which a common man can verify that a person claiming to be a lawyer is actually a lawyer?

I will greatly appreciate experts' guidance on my Query No.1.


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