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Bandana   12 July 2017

Transfer of property

My father passed away in 2009(only son). After his death all the documents were taken by his brothers forcefully in order to make it difficult for my mother and me. We don't even know what documents were taken. The property is a plot of land and a house, which was mortgaged for a home loan. We paid out the loan and got documents from the bank. I am not sure it it's the deed but it's a legal document stating that the land and the house belongs to my father.(This document also contains details about what properties my uncles own). Now I have no other documents regarding this. I have three questions. 1. How do I transfer the property in my mother and my name(only two legal heirs), having no other document than the one received from the bank? 2. Can my uncles create a problem in this process with whatever papers they have taken at the time of my father's death? 3. What other documents should I procure (and how?) in case I want to sell the property at some time? Thanks a lot for your time. P.S. We have been paying taxes for the land to the panchayat and house and have those documents.


 17 Replies

Arjun Kohli   12 July 2017

If the property was in his name, there shall be due records with the concerned Land department. What you must do is file an FIR for the missing documents and apply for the certified copy of title deed from the land department. Further you must keep the necessary documents proving your legal heirship so that once the title deed is obtained, it can be suitably transfered in your name. 

Furthermore, you can file a complaint against your uncles for removing those documents, if only you wish to.

Should any legal issue arise in future, you always have the bank document to rely upon, in my opinion.

Once you acquire the property deed and the ownership is rightfully yours, I believe you can make the sale.

The relevant documents showing your payment of taxes, etc will only add weight to your cause. The Government can not ultimately say that they've been taking taxes for you for a land which is not in your name, right?

Kumar Doab (FIN)     12 July 2017

It is believed that deceased was Hindu.

Confirm! 

Kumar Doab (FIN)     12 July 2017

The Bank/banker have copies of Loan application, all docs submitted and narrated in it, loan agreement,loan statements, legal opinion for title,sanction .......................

As a legal heir obtain authenticated copies of all.

Relate what was collected by bank and what is being returned by bank.

Usually lender/bank won't lend until the ownership is clear on record and is not under cloud.

Kumar Doab (FIN)     12 July 2017

It is simple matter of inheritance (Intestate Succession).

Death certificate, legal heir certificate/ affidavit are basic requirements.

The property shall equally devolve upon ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters….

 

Visit website/office of authority, under whose jurisdiction property falls e.g; MC.

In majority of the states the process has been digitalized and monitored.

It is also under purview of RTI.

 

Approach O/o Authority & submit under proper acknowledgment.
 

Kumar Doab (FIN)     12 July 2017

In case of difficulty approach with case file a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters.


Kumar Doab (FIN)     12 July 2017

You can also obtain copies of mutation records with all link docs from concerned authority/offial say; Patwaari.....

Jai Karan Nagwan (consultant)     12 July 2017

Meet the local lawyers. 

 

Bandana   13 July 2017

Thanks a lot for the replies. Going through a lot of confusion and the help is greatly appreciated.

Bandana   13 July 2017

The deceased was indeed a hindu. As per the suggestion I am going to contact the bank for whatever else documents I can obtain from them(I got only the title deed previously). I am also going to apply for the certified copy of the deed. What came new to me was that the mother of the deceased is also a legal heir. So please correct me if I am wrong. The property will be equally divided into three parts for me, my mother and my grandmother. My grandmother's part, assuming she does not mention anything about this on her will(the likely case), will be equally divided among my three uncles and me. Now it all makes sense. My uncles have already taken hold of a portion of the property(more than a third) and have been using it for business purposes without our consent. So they must have taken the portion allowed for my grandmother. Only they took far more than a third.

Bandana   13 July 2017

Lastly, can there be any problems if I postpone the legal actions till 1 or 2 years from now since I want to finish my studies before I move on about this.

Kumar Doab (FIN)     13 July 2017

It is good that you have noted that Mother is ClassI legal heir and has equal share.

Obtain all said docs as noted by you and approach authority to update mutation records to record ownership by inheritance (Virasat Ka Intkaal).

This may suffice.

Legal action may not be required upto such level.

 

Kumar Doab (FIN)     13 July 2017

Once mutation records are duly updated the legal heirs attain rights equal to that of owner.

An owner including mother can dispose her/his share in her/his life time by a valid/registered deed in anyone favort.

Till mother is alive uncles can not possess her share or out of her share.

 

 

 

Kumar Doab (FIN)     13 July 2017

If all parties agree prefer Registerd Family Agreement with defined boundaries of each heir (legal heir).

This may erase scope of future litigation, permanently.

Arjun Kohli   15 July 2017

Originally posted by : Bandana
The deceased was indeed a hindu. As per the suggestion I am going to contact the bank for whatever else documents I can obtain from them(I got only the title deed previously). I am also going to apply for the certified copy of the deed.

What came new to me was that the mother of the deceased is also a legal heir. So please correct me if I am wrong. The property will be equally divided into three parts for me, my mother and my grandmother. My grandmother's part, assuming she does not mention anything about this on her will(the likely case), will be equally divided among my three uncles and me.

Now it all makes sense. My uncles have already taken hold of a portion of the property(more than a third) and have been using it for business purposes without our consent. So they must have taken the portion allowed for my grandmother. Only they took far more than a third.

While it is true your Uncles will get a share if your Grandmother expires Intestate, however, during her life-time, they do not have the right to use such land, unless with her permission or any will or gift, etc.

Rest you have been very well advised on the matter.


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