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Maddy (Engineer)     25 January 2016

Nominee for a plot

Hi,

Couple of Plots are on my Mothers name in India and she expired 10 years ago. Legal documents, sale deed, property tax, utility bills etc are on my mothers name.There is no will from her.

What should we do if we want to

1. Get those plots on my Fathers Name.

2. Can we get a loan on those Properties.

3. One of the property documents seems to be misplaced. What can we do get a new set of documents. I know the usual procedure for lost documents but do not know the procedure if the person expired. 

 

Please advise. Thanks.

 

 



Learning

 6 Replies

Maddy (Engineer)     25 January 2016

Could somebody help me answering the above questions.

Thanks in Advance.

adv.raghavan (Advocate,9444674980)     25 January 2016

Your mother died intestate, property devolves equally upon surviving legal heirs and it has to be done with legal heir certificate. After obtaining the certificate you can go for mutation of property or all of you has to sign in Mortgage deed or sale deed as you wish. It is better to get property mutuated upon surviving legal heirs. For lost property you have to approach police and file complaint on receipt of NON TRACEBALE CERTIFICATE, you n eed to place ad in local newspapers, you can get declaration from the court that document is missing and with court order you can make use of certified document for further purpose.

Maddy (Engineer)     26 January 2016

Thank you Raghavan. That helps.

 

One more question.

How much would it usually cost to make a will for my dad. He wants to write a will.

 

adv.raghavan (Advocate,9444674980)     26 January 2016

Counsel fees and registration cost and two witness to the will. Counsel fees it depends upon the person you choose and registration cost it depends upon the state you choose to register. If you ask me for estimation not more than 10k.

T. Kalaiselvan, Advocate (Advocate)     31 January 2016

What should we do if we want to

1. Get those plots on my Fathers Name.

All the legal heirs of your deceased mother except your father have to execute a registered release deed relinquishing their rights in the property left behind by your deceased mother upon her intestate death.  This will make your father an absolute owner of the entire properties lying on your mother name.

 

2. Can we get a loan on those Properties.

Your father after acquiring the properties on his name can apply for loan, granting loan is the discretion of the sanctioning authority.

 

3. One of the property documents seems to be misplaced. What can we do get a new set of documents. I know the usual procedure for lost documents but do not know the procedure if the person expired. 

The procedure is the same even in the case of the property belonging to the deceased owner.

 

T. Kalaiselvan, Advocate (Advocate)     31 January 2016

One more question.

How much would it usually cost to make a will for my dad. He wants to write a will.

 

The fee will depend on the lawyer whom you would like to engage.


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