Transfer of father's house when there is no registry.

Jit Esh (Querist) 10 May 2022 This query is : Open
My father had been living in pre-independence era house, in Ambala. Things like Electricity, Water and Property Tax in Municipal Committee's accounts are all in the name of my father.

In the name of house-related papers, we've got a Stamp-Paper having will written on it, with official sub-registrar seals and witnesses. Tehsildar's office does not want to spend time checking this will in their records. I guess because this is dated in 1940. They instead are asking us to provide them with some registry no. which we don't know.

What should be done in this case? I am either looking to have this house transferred in my name, to finally sell it or I want to get rid of my name from this house, so that I won't be held responsible for anything that happens with/in this house.

Thank you.

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kavksatyanarayana (Expert) 10 May 2022
Then why ask query? Keep silence. How many legal heirs are there? Whether your father is alive or not? Now you can check the site of Revenue. You can get some information.

K Rajasekharan (Expert) 10 May 2022
What one can understand from this query is that the house is owned by your father and he prepared a registered Will in your name in 1940. Now he is no more and you want to transfer the house to your name.

If your father was in ownership or possession of the house since 1940 and you are still keeping its possession as his legal heir, nobody else can make a legal claim on this property as its owner because there is limitation period for claiming it, except in some rare situation.

Now what you can do is to approach the Tehsildar to transfer the house into your name based on the Will and other documents. In case he refuses to transfer it saying this and that, you can file complaints before his superior and the District Collector who would scrutinise the issue.

If that also fails, you can file a writ petition in the High Court seeking a direction to the collector to do what is prescribed in law in this regard for the transfer the property to you as a legal heir.

At the end, you will either get the property or else the legal position of ownership will become crystal clear.

Dr J C Vashista (Expert) 11 May 2022
Show the document of will to a local prudent lawyer for appreciation of facts, which are vague in this post, professional advise and necessary proceeding.

SHIRISH PAWAR, 7738990900 (Expert) 11 May 2022
Hello,

Appoint advocate and get title and search report from him. As per me, you can sell the property on the basis of documents available with you and title and search report.

Jit Esh (Querist) 27 May 2022
Thank you to all the learned lawyers who helped me with their knowledgeable advice. I've tried discussing this with lawyer but he wants me to file a case in Lok-Adalat. Intrestingly, no one is disputing the property - so I don't see the need for the case and hearing route.

So, at present, I've got a Legal-heir certificate from Tehsildar.
We are total of 7 legal heirs. And I am planning to get a registered Relinquishment deed done.

Only thing stopping me is that - one of the legal heirs works in a remote bank, she is living outside Haryana, and she is asking if she can send me a Registered General/Special Power of Attorney in favor of one of her sister's.

So, my final query are:
1. Will the registered Relinquishment Deed be legally accepted? Given that one of the legal heir cannot be present directly, but through Power of Attorney?

2. Is "Special Power of Attorney" good enough?
Since we only need this for specific property transfer case and General Power of Attorney, in my humble opinion is way broad.

3. Lastly, NOC from other legal heirs is another option. But, I feel that Relinquishment deed is much cleaner and better option. If you want to comment, I would appreciate.

Thanks you so very much.

K Rajasekharan (Expert) 27 May 2022
The easiest way is to prepare a family settlement deed, in which all others agree to relinquish their shares to you, and register it. Six members out of seven can come and sign the settlement deed for registration. The remaining one can authorise any other member to sign on her behalf by a Special Power of Attorney for this exclusive purpose.

If you have time please have a look at my easy to read write up on the legality of a family settlement along with a simple model draft, so as to enable a learner to understand its nuances so easily, at https://lawwatch.in/all-about-family-settlement/