Legal Question in Real Estate Law in India
Our house was in the name of our mother who died suddenly without leaving a will. A few years later we lost our father too. The papers of the house which were in their custody are missing. We are 3 siblings but one of them does not want a share in the property as he took control of other assets.
How do we go about getting proper documentation done to put the names of the remaining 2 siblings on the property before we contemplate sellng it?
Would be grateful for an in depth answer.
4 Answers from Attorneys
Apply for a certified copy in the registrar's office and then apply for succession certificate in the court,take a GPA from the sibling who is not interested in his share.
you may follow the guidelines of Mr. Rohini
For inheritance or succession, no documentation is necessary.
Obtain certified copies of documents of ownership from registrar's office as also copies of the concerned revenue records like Patta, Property Register Card, Municipal Record etc. Submit an application and affidavit for recording of names of heirs in place of deceased owner with his/her death certificate.
You may draw a family settlement incorporating a clause that one of the siblings has relinquished his share in favour of the remaining two in lieu of other assets. Based on this family settlement you may approach the authorities for mutation of your name in the records of ownership.
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