Importance of property card for decessed owner
niky......
(Querist) 26 April 2014
This query is : Resolved
Respected Experts,
I am defendant/tenant. The plaintiff - owner of house has passed away.
To know the true heirs for the suite premises does the important proof of document should be property card? A relative of mines told me that property card is important and a must.
What if the plaintiff's son dont have property card, will he be still considered as legal heir?
Also plaintiff's son has informed the court of plaintiff's death but not submitted any proofs yet. 90 days have passed. Just informing is enough?
Thank you.
ajay sethi
(Expert) 26 April 2014
if plaintiff is owner of flat he must be have original agreement duly stamped and registered . that would prove that plaintiff was owner of house . A property card gives details about ownership and history of holdings in the city area. a property card is of utmost importance to those who deal in land in urban areas. Thus, if you are buying a plot to construct a bungalow in city limits, you will have to verify the property card to ascertain ownership of the plot. Or if you are buying a flat in a building, you might want to ascertain the ownership of the plot on which the building is being constructed.
if plaintiff has died chamber summons will have to be taken to bring legal heirs on record if they desire to continue suit proceedings . .
niky......
(Querist) 26 April 2014
Thank you very much for having it very nice explained, really appreciate that.
The Plaintiff is owner of flat and the whole building & there is not doubt about the ownership of plaintiff(late), my question more is - how do i know who are the legal heirs of the suit premises post plaintiff's death. Is it only his son or son + daughter.
Plaintiff's daughter is not staying in the premises nor in the building and is married and still plaintiff's son is asking to add her name as new plaintiff. Is property card the right proof which we must ask to validate if plaintiff's daughter has any right over the premises?
M V Gupta
(Expert) 01 May 2014
If the owner of the flat/building died intestate, i.e., without making a will, then all his children- sons, daughters and his widow will be the legal heirs for the flat/building(assuming that the deceased is Hindu). Property card may not immediately show the names of the heirs until the heirs take steps to get their names recorded(mutated) in the card. Hence the application made by the Son of the deceased to implede his sister also as party to the proceedings is OK.
niky......
(Querist) 01 May 2014
Okay, thank you Mr. Gupta for your reply. This was really helpful.
