Legal Question in Real Estate Law in India

How to get my ancestral property transferred in my name ?
I have 3 plots of land in my Village. It is an urbanised village and lies in the New Delhi District of State of Delhi, India with no agricultural land and surronded by some of the poshest colonies of Delhi. The name of the village is Kotla Mubarak Pur. Out of the 3, 2 plots are in my grandfather's name and 1 is in my father's name (though i am not full sure). For this 1 plot, we paid house tax approximately 15 years ago. After that we haven't paid any house tax as such. My father died 10 years ago. Now i need to get this plot transferred in my name as quickly as possible as i need to mortgage this land to pay back some loans i have on my name. Please tell me the quickest way to do it, which will take minimum time to get the job done? I have a small house built on this plot. Also let me know if i need to pay any type of tax before i can get this property transferred in my name ? As far as i know, it is a free hold property and doesn't fall in Lal dora, but again, i am not very sure about it.

Asked on 4/27/09, 10:20 am

5 Answers from Attorneys

Sunil Goel S.G. SOLICITORS

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Re: How to get my ancestral property transferred in my name ?

Dear friend, you have not stated as to what is the nature of ownership of your father and grandfather in the plots in question. What are the title documents you have to show their ownership. Do you have any Govt. document regarding this property. If it is established that it is indeed owned by your father or Grand father, then it will devolve upon their legal heirs by law of succession, if there is no Will. In such case, it would have to be seen as to who are the legal heirs of your father and Grandfather. They each would have share as per Succession law. If the property has an entry in Municipal records, then these legal heris can go to MCD and get the plot mutated in their name. If the plot has no entry in municipal records and instead has entry in revenue records, then the heirs can go to office of concerned SDM and make application for mutation in their name.You better first check with MCD office and SDM office.

Answered on 4/28/09, 3:46 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: How to get my ancestral property transferred in my name ?

in case the land is in kotla mubarakpur and it is a freehold land, still you will have to pay the pending house tax and nowadays u might get rebate on dues. you need to visit the lawyer with all the relevant papers in your possession and he would make the job easy.

Answered on 4/27/09, 1:08 pm

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