Legal Question in Real Estate Law in India
What is the process of transferring the house in one's own name. The plot for the house was provided to my grandfather who expired a few years back. According to my grandfathe's will the house should go to my father.
We want the house to be freehold in my father's name. We do have the Death Certificate of my Grandfather and Grandmother. Now what is the process of getting the house transferred. Also I am not sure if the house is already freehold or not. How to check that. Although the house was alloted to us in 1950's as we migrated from Pakistan to India during 1947. But all I see is some receipts of the payment we were paying to the government. However I do see a Perpatual Lease agreement from government which is of 1980's. Is that document enough to get the property tranferrred in my father's name ?
Also what is the procedure. Which office shall I approach for the same. MCD or DDA and within that which department and what is the step by step procedure for the same.
3 Answers from Attorneys
as far as my knowledge goes, your property is a lease hold property and the same needs to be converted into free hold property. for that, the person who wish to get the property mutated in his or her name, should file a petition for grant of succession certificate. after getting the succession, the property would be converted from leasehold to free hold.
Get in touch with your lawyer with all details for proper advice.
You may need to check jurisdiction issue - MCD or DDA. - depending upon location of the property.