V Gautam 21 February 2022

Transfer of title of property after death

Dear Sir/Madam,

My father had purchased property in Uttrakhand (formerly UP). The sale deed was in his name and that time it was an agricultural land. Unfortunately, my father passed away in August, 2021 and he left a registered will for the property to be transferred to my name after his death.

I had hired a lawyer for this purpose but it has been two years and the work has not been done. He keeps looking for excuses, first it was COVID and then it was things like it takes years to update the records and that it was agricultural land so it needs to be converted to "abadi", etc. All he has done is given a certificate saying that my father has died and that my mother and I am his legal heirs (not mentioned my sister's). This document mentions nothing about the will.

As I am not from UK, I am not sure what to do or what the legal process in UK is. I transferred land in Himachal and it took less than a month. Please can someone suggest a way forward.

Thanks and regards,
Vibhu

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2 Replies

G.L.N. Prasad (Retired employee.) 21 February 2022

Go for alternate arrangements, after going through the online process if any. In India, you should not delay the laid down process as land grab is very common. You can entrust this task to a friend or relative and the process can be completed within a month.

Mayur Shrestha 21 February 2022

Dear querist,

1. The deed registration upon your name can be done through UK registration portal, and concerned officials can examine in whose name the last transfer deed has been registered. As you have stated that it was an agricultural land then revenue records and “khata” of that lands deed can be checked by you.

2. Some important documents may be required by you such as an original copy of the will, revenue records, pan card, ID proof, map of the concerned transferred property, print copy of e-challan.

3. Then you will have to calculate the stamp duty and registration fee which can be done online on the website of the Department of Stamps and registration, Uttarakhand

4. After registration of the parties and submission of your application you may have to visit the office of the Sub-registrar whereby the sub registering officer will verify your application and update the details online.

5. And then after approval and successful registration, you can get the documents of registration and registration certification.

For more assistance with the process, you can either refer to the online portal in which a detailed guide is available as to how to go about the registration process or talk to your local advocate for the same.

Hope it helps.