Mutation
RAJAN
(Querist) 13 June 2012
This query is : Resolved
Sir/Madam,
My father registered under the Rohini Residential Scheme, 1981 for allotment of LIG flat in the year 1981. At that time he was completely eligible for applying for the same, as per the terms and conditions of DDA.
My father expired in the year 2009 leaving behind me ,my brother and my mother as the only Legal Heirs. Well now my mother and my brother has no objection as to if the said registration is made in my name . But the problem is that now in the year 2000 my mother, arising out of acute need of a residential flat, purchased a flat from some one on GPA
is it possible to get the dda plot mutated in my name.. or will the allotment stand cancel as my mother has a flat in her name.
Hoping for a early response.
Thankyou,
Adv.R.P.Chugh
(Expert) 13 June 2012
In absence of your father leaving a will, his right/title interest in allotted flat devolves automatically in favour of legal heirs i.e your mother + children.
To overcome the disability your mother and brother can relinquish their interest in the allotted flat to you via a registered relinquishment deed following which you can mutate
Good Luck !
Shashikant V. Patil
(Expert) 13 June 2012
Dear Rajan,
Your late father applied for DDA Flat in 1980, and so far it is not allotted and in 2009, your father passed away. After his death, you , your brother and mother are legal heir to claim this allotment. You once again go through the terms and conditions of DDA if any applicant is died, how their legal heirs can apply for the same. If your brother and mother have no objections to register in your name, then there should not be any problem to registered in your name and to have mutation accordingly. Hope DDA should co-operate in this regard. Best of luck.
Shonee Kapoor
(Expert) 14 June 2012
I agree with both experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com