Registry of property -urgent
sakshi
(Querist) 17 October 2013
This query is : Resolved
Dear All,
I have recently purchased a property and the owner has provided me with a Relinquishment Deed. The owner's parents has expired and there was no will available, but it is mentioned in the deed provided, that the owner by default is the owner of the property.
Now my question is that in MCD etc the registry is still in the name of owners father. Hence can i register that property directly on my name by showing our sale agreement ,reliquishment deed & the power of attorney of this property, which is now on my name.
ajay sethi
(Expert) 17 October 2013
let the property be first transferred in name of legal heir . he ought to make application for mutation of property in his name enclosing death certificate , succession certificate .
at time of purchase of property you must have engaged a local lawyer .i do hope that you made enquires that he is the only legal heir as claimed .
sakshi
(Querist) 17 October 2013
thank you so much Mr. Sethi for your advice. I heartly appreciate your answer. Bt i have already paid half of the payment. and can you please explain the term mutation of property
sakshi
(Querist) 17 October 2013
and Sir, he has provided me with a relinquishment deed wherein there are SDM office Stamp etc. The death certificate was attached at that time and this above mentioned deed was made in front of the REGISTRAR. How should i proceed further
Devajyoti Barman
(Expert) 17 October 2013
Yes, you can do so on the basis of documents you ave got from the seller. Those are quite sufficient.
sakshi
(Querist) 17 October 2013
Thank You very much Mr. Barman. One last question of mine is what does mutation of property mean
Advocate Sastry
(Expert) 17 October 2013
Mutation means changing the names in Municipal Records for collection of taxes
sakshi
(Querist) 17 October 2013
Thank u Sir. So is it important to get the property registered in the name of the seller first. Cant it be registered in my name directly by showing our agreement?
Ms.Nirmala P.Rao
(Expert) 17 October 2013
Dear Client,
Since, there are no clear title documents in favor of the owner, he can't pass A BETTER TITLE TO YOU THAN HE HIMSELF HAS,. However if the owner was in uninterrupted, continuous and peaceful possession for at least 13 years or more his title becomes perfect by virtue of the doctrine of adverse possession. Hence, if this is your case, you can go ahead with registration. Please press the Thank you button on my profile if you wish to thank me for this reply.
sakshi
(Querist) 17 October 2013
What is the difference between Special Power of Attorney & General Power of Attorney. What kind of Power of Attorney should i have in my case, as mentioned above?
Devajyoti Barman
(Expert) 17 October 2013
Special POA means it is executed for one purposes only. GPA means it is for various purposes.
GPA is sufficient.
ajay sethi
(Expert) 17 October 2013
better contact a local lawyer with your case papers . it is better to err on side of caution .
adv. rajeev ( rajoo )
(Expert) 17 October 2013
If there is a relinquishment deed then he has to first get enter his name, then only he can sell the property. At present father name is appearing in the property extract, so you cannot purchase the property directly showing R/D or PA. If there is PA in the seller's name, now it is not valid because executant ie.e., father is no more.
sakshi
(Querist) 17 October 2013
Dear Mr. Sethi Thanks for your kind advice but my tragedy is i have invested all my parents investments in this property and hence i cant afford any lawyer now. and that the reason i am taking help of you experts.
sakshi
(Querist) 17 October 2013
Dear Mr. Rajeev Thanks for your response. Please advise that if i directly go to the registrar with Power of Attorney, Seller Buyer Agreement & the Relinquishment deed (which was made by the registrar himself)then will he register the property on my name directly.
As it is the case of my hard earned money hence request you to guide me. Thanks
Raj Kumar Makkad
(Expert) 17 October 2013
The seller is required at the time of the registration of the property either himself in person or through his GPA.
sakshi
(Querist) 18 October 2013
Thank You Mr. Barman, but as Mr. Makkad has made a point that seller is required at the time of the registration of the property either himself in person or through his GPA. But The seller is the legal heir not the father.Should i take the son with me as the father on whose name the property is registered is no more?
Devajyoti Barman
(Expert) 18 October 2013
Yes, you can make the legal heirs as party to the deed.
sakshi
(Querist) 18 October 2013
Thank You very much Mr. Barman. Can i take the liberty to ask where do you work and as what?
sakshi
(Querist) 18 October 2013
Your expert comments are highly appreciated. thank you. i was in dilemma for many days tomorrow itself i will register the property on my name. thanks
Anirudh
(Expert) 18 October 2013
Dear Sakshi,
The documents in your hands are not enough for getting mutation in the MCD Records. First and foremost, you should have a Registered Sale Deed of the property in your name. For this you have to pay the applicable stamp duty. Before that you have to ensure that the person from whom you are purchasing the property is the owner of the property. Nothing of this sort appears to have been done by you.
YOU HAVE TO NECESSARILY APPROACH A LOCAL LAWYER, SHOW THE DOCUMENTS IN YOUR HANDS, TAKE HIS ADVICE AND THEN PROCEED. IT IS BETTER TO SPEND SOME MONEY INITIALLY ON THE LAWYER, RATHER THAN PAYING HEAVILY LATER!
Devajyoti Barman
(Expert) 18 October 2013
Check my profile to get the necessary information abut me.
ajay sethi
(Expert) 18 October 2013
i wonder how querist can invest substantial sum of money without verifying title deeds to the property . how can you rely on statement made by seller without verifying facts . ?
you have failed to verify whether he is the only legal heir of the property . contact a local lawyer .
sakshi
(Querist) 02 November 2013
Mr. Sethi we were in rush to purchase a house owing to certain domestic reasons. Do you really feel that i should contact a local lawyer sir?
prabhakar singh
(Expert) 02 November 2013
You must consult a local property lawyer to verify documents so far in your hand passes a clean title from the owner or not.Due diligence in this regard is a duty casted on you by law failing which you can not be supposed to be a bonafide purchaser for value if any dispute arises in future.
ajay sethi
(Expert) 02 November 2013
yes consult a local lawyer . it is necessary to safeguard your interests
