Ghanshyam (student) 08 February 2010

Legal Heirship

Hello Friends

I ned a suggestion from u guys

Few months back i lost my Dad,

He had purchased a Shop in 1992 in Navi Mumbai and

Now I want to transfer the property to my Mom’s name but the only documents which we have are

1) AFFIDIVIT CUM DECLARATION Agreement which is NOTARY DONE but the document is not registered &

2) property Tax Receipt ( in which its is mentioned as House No. not Shop NO.)

These are the only two documents we have

Can I apply in the court for legal Heirship with the support of these documents- are they sufficient

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 08 February 2010

In the given facts, you have no option but to go to court for this purpose. You can do one more thing. In the deposit of tax receipt, the receipt no. is mentioned. try to go in depth, if any registration no. of your unit is found therein any document. You can also go to the society or municipality wherein such property might be found entered, The registred sale-deed no. and date can be traced out from there also. You get its certified copy which shall be treated true in the given facts and get your share transferred in the name of your mother as you require and then your mother shall become owner of whole property.

Adv. T.K Sujith (lawyer) 09 February 2010

rightly said by rajkumarji.

if u trace out the sale deed No. u can take certified copy of the same from registrar office.

then u need not aproach court of law to transfer the shop. u may simply create a new registered document by which you entrust the shop in the name of mother...

g s pandey (advocate) 09 February 2010

Firstly, you should carry out the title search in sub-registrar office for the premises where theshop is situated, and check that in whose name the property stands and if stands in the name of your father then you can take following steps to get the same in your mother's name.

In case somebody died intestate (without a will) then One should take the following steps to obtain Legal Heirship Certificate:

a)Bring Death Certificate from Municipality & Church / Mosque (In-charge of the burial ground).

b)Apply to local Talathi / Patwari (Revenue Clerk at the village level) for Heirship Certificate.

c)Prepare affidavit in Mamletdar / Tehsildar Office.

d)File the affidavit before Talathi / Patwari (Village Revenue Clerk).

e)Obtain Heirship Certificate from Talathi / Patwari.

f)Apply to Mamletdar / Tehsildar for heirship certificate with the certificate from Talathi / Patwari and affidavit.

g)Obtain heirship certificate from Mamletdar / Tehsildar office.

or

you can move court for sucession certificate.