Legal Question in Real Estate Law in India
Hello Sir,
This is Samsul from Chennai, India. My grandfather had 9 sons and my father was the elder son. My grand father and 6 of this sons were no more now (including my father).
25 years ago (In 1984), there were some agreements on my Grandpa's property between my grandfather and his sons. As part of that agreement, we are currently living in one of the grandpa's house. We do not have any issue till date. The problem here is, we do not have any deed or agreement document on our current home property in my father�s name. We are not sure that the original deed had my father name or not. But we are paying the property tax for that home, water bill ect. in my father�s name in the local municipality/corporation and maintaining the receipts for the past 20years. Since my father is no more (but mother is still alive), we would like to change the property to either my mother name or my name. In this situation, how do we change the name of the property and how can we create a new property document in our name.
I appreciate your response sir.
Thanks
4 Answers from Attorneys
In such cases you would have to obtain no-objection of the other sons who are alive or their issues and tranfer the same by filling an appropriate form with the local authority
Firstly you should obtain a deed of the said property; this can be done upon making relevant searches in the local registry offices to locate the particulars of the registered deed; once this is done you can apply for and obtain certified copy of same.
If upon searches and from the certified copy it appears that the property is in fact in your father's name; then you should apply for a succession certificate from the court and thereafter have the property registered and mutated in your names.
Opt for a proper registered deed.
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