ow to get Sale Right of parental property...
Sachin Arora
(Querist) 23 July 2011
This query is : Resolved
Hello,
There is a property which is in name of my Grand Mother. She got expired this year in March. There is no Will or legal document hence the property still stands in her name.
My father is the only son and no brother or sister.
Now we want to sell this property, however as the property is not in my father’s name hence he do not possess the right to sale the property as told by purchaser's lawyer.
We have completed the formalities for Mutation from MCD. However we now understand this is not all, we need to get either power of attorney or registry in my father’s name.
We are confused what is the right process and how & from where to get this completed? Also I want to understand if this is just change of name and will take a nominal fees or this is actually registration of property in my father's name by paying huge money as stamp duty?
Please guide what is the correct way to do this and from where.
Property is located in West Delhi.
prabhakar singh
(Expert) 23 July 2011
WHEN YOUR GRAND MOTHER DIED INTESTATE LIVING YOUR FATHER AS HER ONLY SOLE HEIR,IT IS SIMPLY A MATTER OF MUTATION IN HIS NAME BY DELETING NAME OF YOUR GRAND MOTHER FOR WHICH YOUR FATHER NEEDS TO MOVE AN APPLICATION SUPPORTED BY AN AFFIDAVIT AND ACCOMPANIED BY DEATH CERTIFICATE OF YOUR GRAND MOTHER.NO GPA OR ANY TRANSFER DEED OR ANY STAMP DUTY OR ANY REGISTRATION IS INVOLVED FOR THIS,AFTER MUTATION IS RECORDED YOUR FATHER CAN SALE AS PER HIS WISH .
Sachin Arora
(Querist) 24 July 2011
Thanks for reply. Now I have few more queries...
1. As SKJ asked, what is the process to prove/declare that my father is the only son and no other claimant is there.
2. Mutation - where should we applu for this? As we have completed this with MCD, but found that this is no sufficiant to sell the property.
We checked with authorities at Rampura, where no one helped and told that the mutation is happened there only for agriculture land.
So what & where exactly we need to go and contact which govt offcials to get this Mutation done?
Sachin Arora
(Querist) 01 August 2011
Any response guys.....
Still we are not clear where to go for directions.
We checked with authorities and they confirmed that we can get the Legal Hier certificate after police verification. However this will not again provide SALE RIGHTS to my father.
This sounds real funny that one owns the property and to get Sale Rights after parents need to follow registry process with stamp duty paid on the basis of current circle rate this means that one is purchaing its own property from GOVT by paying stamp duty.
Any pointer how to get this done....
R.Ramachandran
(Expert) 01 August 2011
If you are located in Delhi and if you wish, you can get in touch with us.
Sachin Arora
(Querist) 02 August 2011
sure, can you provide me your contact details...either drop me an e-mail at sunny8_8@hotmail.com
Will call you and fix a time to meet for further action.
