Land titling act & delhi title of immovable properties bill
gspal
(Querist) 06 February 2014
This query is : Resolved
Has Parliament passed The Land Titling Act? It seems so as the Indian Registration Act and Transfer of Property Act seems to have been amended. Correct me if I am wrong. Would not then Delhi Survey, Registration, Recordable Title of Immovable Properties Bill 2010 become part of it? However, at http://www.lawyersclubindia.com/experts/Delhi-survey-registration-recordable-title-of-immovable-properties-act-2009-451121.asp Mr. Makkad has stated that the latter bill has not been notified as yet. Who needs to notify the same? The Delhi Assembly?
gspal
(Querist) 07 February 2014
Father died intesate in Aug 2000. He had a DDA freehold residential house in Janakpuri, New Delhi. Mother living in it while the property tax, tel, water & elect bill paid online by her well off elder soon in U.K. Both do not want to give me my 1/3 share. I live in Lucknow, U.P. No sisters. Eldest brother in U.K. though married has no kids, adopted or otherwise. All three of us are senior citizens. I do not have the means to file a partition suit though I annually keep informing in writing the concerned Asstt Assessor & Collector, South Delhi Municipal Corporation West (SDMC) and the concerned Dy Commissioner West of the same and that I have not ever given up my share. I have submitted the same along with self-attested copy of my IDs and recent photograph as I had done at the time of the RTI in Jan 2012. Via the RTI in Jan 2012 I had in the office of Jt. Assessor & Collector, SDMC, examined the assessment file and the property register maintained at SDMC. The property still stands in the name of my late father though stated in it that property tax is paid by my mother, the occupier of the house. The Assessment File did not have any papers of father's Death Certificate, Freehold conversion deed, etc. copies of which I had submitted having earlier got the same from DDA. I had been waiting and hoping that the Delhi Survey, Registration, Recordable Title of Immovable Properties Bill 2009 made by the then CM of Delhi, Shiela Diksh*t, would become law and then my mother and elder brother would be compelled to give me my share or compensation in lieu thereof. The house is on a plot of 351 sq mtr and one-third of that would be 117 sq mtrs which at current market price is Rs 2 crores+. That is why I had put the query.
ajay sethi
(Expert) 08 February 2014
if property is worth 2 cores you should file partition suit to claim your 1/3rd share as your father died intestate .
gspal
(Querist) 08 February 2014
The catch is that I am a poor guy, not having the money to file a partition suit. I do not think anybody is going to finance such a venture. For that reason I had posted my original query of 'Has Parliament passed The Land Titling Act and Delhi Survey Registration Recordable Title of Immovable Properties Bill 2009 become law?'
prabhakar singh
(Expert) 08 February 2014
You do have 1/3rd share,no matter who is paying taxes.
But as they are not ready to give you share,the only course is a partition suit.
But you have stated you do not have means to pay court fees required for filing the suit.
Hence you should file suit along with indigence petition and prove your self as indigent against the state.If allowed,your suit would be tried and court fees would be realized after final decree of suit from your share.Better visit a local lawyer.
gspal
(Querist) 09 February 2014
Thank you Mr. Prabhakar Singh.
Could also please inform me as to if Parliament has passed The Land Titling Act and as to whether Delhi Survey, Registration, Recordable Title of Immovable Properties Bill 2010 has become law and progress on the same?
prabhakar singh
(Expert) 09 February 2014
All are still in BILL shape seeking comment and suggestions.
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
