How to transfer property in my mother name my father is missing since fourteen years.
Rajesk Kumar
(Querist) 29 November 2016
This query is : Resolved
Dear Sirs, we have property in New Delhi DDA market and my father is missing since fourteen years. We are no brothers and sisters and The original owner of this property was your great grand father who made a register will in court there of in favour of my father. and after my father missing. And I have complaint in police station.
(1) How to transfer property in my mother name.
(2) Then please advise whether she can make a One time WILL in my name for the said property ?
(3 Does my aunts have any right in claiming the this property?
(4) Can I give property on rent to anybody?
kavksatyanarayana
(Expert) 29 November 2016
You said that "our great grand father made a will in court who made a register will in court there of in favour of my father".
so your father have full rights over the property. As your father is missing since 14 years and you made a police complaint. is the complaint registered? if so do you have the acknowledgement regarding the complaint? In my view, a person whose whereabouts are not known since seven years, then automatically that property devolves among all the legal heirs of your father. so you and your mother have full rights. your mother may execute a will for her share in your favour and that will come into force only after her. if you want now, get a gift deed from her in your favour. show all the papers/material you have to an expert lawyer in the matter.
Rajesk Kumar
(Querist) 29 November 2016
Respected Sir Thanks for reply Sir please advise Can I give property on rent to anybody?
Rajesk Kumar
(Querist) 29 November 2016
Dear kavksatyanarayana sir,
Please advice can we give that property on rent
Does my aunts have any right in claiming the this property?
Waiting for your reply thanks
Guest
(Expert) 30 November 2016
Mr. Rakesh Kumar,
The process is quite long for you to make you eligible to rent out the property, as until your father is declared legally dead, the will is not nullified, you can neither transfer the property in your mother's name, what to speak of your own role to rent out the property.
Although your father is missing for the last 14 years, but you will have to get that declared by the decree of the competent court of law, as he could have been tread as dead even after the lapse of 7 years.
So, better get all those steps completed legally through the competent courts by presenting the case through some lawyer, who should be expert in succession and property laws.
Otherwise, your aunt will be free to challenge any of your acts in the absence of accomplishment of legal processes.
Best of luck.
Rajesk Kumar
(Querist) 30 November 2016
Please advice can we give that property on rent
Guest
(Expert) 30 November 2016
Being a deemed death case of the beneficiary of the will, any action will be at your own risk and responsibility before proving the ownership right, provided your aunt does not create any hindrance.
Kumar Doab
(Expert) 30 November 2016
'my father is missing since fourteen years. '
Query is also posted at:
http://www.lawyersclubindia.com/experts/How-do-i-get-a-death-certificate-624516.asp
Kumar Doab
(Expert) 30 November 2016
You have posted that:
"The original owner of this property was your great grand father who made a register will in court there of in favour of my father. "
Has the WILL been acted upon?
Was the ownership transferred in the name of your father by submitting the WILL to DDA and procedure completed say; NOC from legal heirs of great grandfather, newspaper advt etc?
If yes the WILL is acted upon without any cloud on it.
Kumar Doab
(Expert) 30 November 2016
LCI expert Mr. R.K.Nanda, Dr.J.C.Vashista are from Delhi.
You can benefit from their counsel.
Kumar Doab
(Expert) 30 November 2016
The nature of the property that devolves by WILL is self acquired.
You have lodged a police complaint.
You, your mother are ClassI legal heirs of your father.
Your counsel can opine to: pray to court and seek permission/directions to manage the property......and to get order of 'civil Death'....
Guest
(Expert) 30 November 2016
Dear Rajesh,
If got confused at varied pieces of advice, you may please use your own wisdom after consulting some local expert on property and the succession laws.
Even otherwise on declaration of civil death of your father, if will is not executed in favour of your father, the whole of the property cannot be transferred in your mother's name.
Rajesk Kumar
(Querist) 30 November 2016
Dear Mr Kumar Doab Sir,
REGISTERED WILL and does not insist for 'No OBJECTION CERTIFICATE FROM THE OTHER LEGAL HEIRS' FROM 18th DECEMBER, 2009 ONWARDS. As it is clearly mention in dda website please dont misguide any one for your profit.
https://dda.org.in/assistance/pop_ups/transfer_mutation_residential.htm
http://www.onlinepropertyregistration.com/mutation-in-dda--ldo.html
i think rule may change and they may accept Registered Will and not insist for NOC from other other legal heirs. - till it is done, this is the rule.please confirm
Kumar Doab
(Expert) 30 November 2016
Dear Mr. Rajesh Kumar,
You have posted that:
"please dont misguide any one for your profit."
So what is misguidance according to your own wisdom and my profit from you?
Guest
(Expert) 30 November 2016
A Will Would be Legally Enforceable Only If It is Probated in the Court.
Guest
(Expert) 30 November 2016
Author Says his Father is Missing for Fourteen Years and Now he is Worried only about Renting Out His Father's Property.
Guest
(Expert) 30 November 2016
All the above Experts who had Responded to the Author are Senior Advocates and Senior Experts of the Forum.AUTHOR SHOULD EXPLAIN HIS STATEMENT AS RIGHTLY QUESTIONED BY EXPERT SHRI KUMAR DOAB JI.
Kumar Doab
(Expert) 30 November 2016
My last post was with reference to your comments in your last post.
"Dear Mr Kumar Doab Sir,
REGISTERED WILL and does not insist for 'No OBJECTION CERTIFICATE FROM THE OTHER LEGAL HEIRS' FROM 18th DECEMBER, 2009 ONWARDS. As it is clearly mention in dda website please dont misguide any one for your profit.
https://dda.org.in/assistance/pop_ups/transfer_mutation_residential.htm
http://www.onlinepropertyregistration.com/mutation-in-dda--ldo.html
i think rule may change and they may accept Registered Will and not insist for NOC from other other legal heirs. - till it is done, this is the rule.please confirm'
Kumar Doab
(Expert) 30 November 2016
Dear expert Mr. N.J.S.Rajkumar,
The purpose of query was seen in 1st query at point (3).
The author was assuming refuse in DDA.
"Dear Sirs, we have property in New Delhi DDA market and my father is missing since fourteen years. We are no brothers and sisters and The original owner of this property was your great grand father who made a register will in court there of in favour of my father. and after my father missing. And I have complaint in police station.
(1) How to transfer property in my mother name.
(2) Then please advise whether she can make a One time WILL in my name for the said property ?
(3 Does my aunts have any right in claiming the this property?
(4) Can I give property on rent to anybody?
"
Rajendra K Goyal
(Expert) 30 November 2016
Dear author,
You have mentioned following comments to one of the experts:
" please dont misguide any one for your profit"
Please clarify:
Have you paid / gave any charges for posting of this query?
Has any of the expert demanded any money / favor from you?
For your information, any advice on this platform is free, voluntarily, with selfless motive, to extend help to needy. Any expert is not getting any benefit monetary or otherwise for giving advice. Authors are free to accept or not to accept any or all of the advises.
In such situation what inspired you for such comments?
If any of the experts have demanded any favor, you should come out with details, otherwise should not hesitate to feel sorry.
Rajendra K Goyal
(Expert) 30 November 2016
Repeated query:
http://www.lawyersclubindia.com/experts/How-to-transfer-property-in-my-mother-name-my-father-is-missing-since-fourteen-years--624471.asp
Rajendra K Goyal
(Expert) 30 November 2016
A good example of misuse of the forum and blame experts.
Rajesk Kumar
(Querist) 30 November 2016
Sorry to all seniors 😪🙏🏻
Rajesk Kumar
(Querist) 30 November 2016
Specially mr kumar sir 🙏🏻
Kumar Doab
(Expert) 01 December 2016
Which Kumar Sir?
Guest
(Expert) 02 December 2016
Dear Rajendra K Goyal,
Your post of yesterday is reasonabley justified to question the author on the second part of his statement, "please dont misguide any one for your profit."
But, if you go by the first part of his observation, he was quite right. The question arises, where is the justification on the part of some one to misguide the author of the query, when that fellow does not understand what is what of the relevant law, just to fulfill his craze and wishes of merely posting his vague ideas in the thread, if not knowing the law about that.
You would like to appreciate that he was not morally justified to misguide or confuse the author of the query, even if he has not demanded any favor.
Even now, the fellow has not desisted to post his presumption in a vain bid to justify himself with the satatement, "i THINK rule MAY CHANGE and they MAY ACCEPT Registered Will and NOT INSIST for NOC from other other legal heirs," - TILL IT IS DONE, this is the rule.PLERASE CONFIRM'" as if the DDA will definitely change its rules just to fulfill his wishes, as he assumed that way.
Not only that, now what is the justification on his part in asking to confiirm rule, from the author, if the expert is not sure about that rule? THE QUESTION ARISES, IS HE A LEARNER/STUDENT, NOT AN EXPERT?
Not only that, the fellow now wants to confirm whether the author felt sorry even for his wrong guidance, by asking, "Which Kumar Sir," so that others may not feel that he expressed sorry to Shri NJS RajKUMAR.
So, asking for sorry from the author was not at all justified at least on the issue of having been misguided, may or may not be a question of any favour to the fellow.
Kumar Doab
(Expert) 02 December 2016
Author @ Rajesh Kumar,
I have sent you some links.
You may carefully go thru these and show these to your mother and other family members and also to your able counsel.
The counsel that have unshakable integrity and repute shall never compromise on secrecy and confidentiality of author/querist/client.
Whereas the persons with loose mind and loose tongue shall publish and release the personal messages any time anywhere.
Stay away from abusers and such person loitering at various forums to allure the unsuspecting and hapless querits/authors/clients.....and fleece them.
You may carefully go thru the profile of all experts that have posted in the thread and carefully note the abuse, for your own benefit.
Registered WILL can be contested.
Pertinent and proper points were raised.
You may reply to my last post and your query might be further addressed.
Kumar Doab
(Expert) 02 December 2016
I have properly responded to your other thread also.
Kumar Doab
(Expert) 02 December 2016
You have bee advised by Expert Mr. Hemant Agarwal in other thread at:
http://www.lawyersclubindia.com/experts/How-to-transfer-property-in-my-mother-name-my-father-is-missing-since-fourteen-years--624471.asp
This advise has visibly upset the habitual abuser in this thread also this fellow in 3rd post from last has once again struggling to find some support and solace from experts.
Once again he is pleading to lend shoulder to him to rest his hollow and blank head.
Kumar Doab
(Expert) 02 December 2016
Author @ Rajesh Kumar,
You have posetd in another thread:
"Sorry sir 🙏🏻 I have in depression some days please advice clearly"
http://www.lawyersclubindia.com/experts/How-do-i-get-a-death-certificate-624516.asp
There is no need to be under depression.
Such statements is attractive to abusers that want to fleece hapless and unsuspecting querists.
I have provided you the names of two LCI experts from your location that are senior and seasoned lawyers and can defend your interest.
Mr. Rajendra K Goyal is at Gurgaon and as per his last message is not taking up cases since he was not well.
I and Mr. Goyal, and other experts shall help you in the thread.
Kumar Doab
(Expert) 02 December 2016
Author @ Rajesh Kumar,
While you go thru the profiles and threads you shall understand that the good for nothing person that is not a lawyer has personal problems and is unable to control his ill feelings when a author and querist and expert appreciates the reply of other experts and also when author and querist and expert post apology/sorry/regret............
Guest
(Expert) 03 December 2016
Sorry to point out that on account of lack of common sense, some pretending experts assume as if the authors of queries do not want advice appropriate to the requirement of their queries, while they prefer merely to send the irrelevant LINK references, as is evident from the statement of one expert, "I have sent you some links." ...... "You may carefully go thru these and show these to your mother and other family members and also to your able counsel," even if the author does not have any need to hire a lawyer.
Such a poser experts probably think each and every question has a singlemost solution to all the problems pertaining to a particular law!
They also think, as if mere with reference to profiles of experts the authors can find solutions to their problems.
Also, they don't forget to repeat on the thread of each author, specifically in a separate post, "While you go thru the profiles and threads you shall understand that the good for nothing person that is not a lawyer has personal problems and is unable to control his ill feelings when a author and querist and expert appreciates the reply of other experts and also when author and querist and expert post apology/sorry/regret............", AS IF THEY THINK the contents of their own profiles, such as follows, are only good for everything and the only answer to the problems of the authors of the queries:
“Labor and Service law is fascinating. I shall prefer to post at LCI on matters pertaining to Labor and Service , Insurance, Consumer, Banking, Property, Income Tax “……. “The views expressed in various threads are first hand feeling on the matter posted in the thread and shall not constitute to be legal advise. …… “Online Discussions have its own limitations. Kindly consult a local lawyer at your location along with all documents on record in person and understand the merits and proceed under expert advise of your able counsel.”
WHAT A STRANGE P-ROPOSAL OF THE EXPERT!
