anand (owner) 01 June 2012

Very old ancestral house property- no documents of title

HI FRIENDS,

WE HAVE AN ANCESTRAL HOUSE WHICH IS VERY OLD, ACTUALLY CONSTRUCTED BY OUR GREATE GRAND FATHER. PRESENTLY IN THE MUNICIPAL RECORDS OUR GRANNY IS SHOWN AS THE OWNER AND WE ARE PAYING THE TAXES ON HER NAME BUT SHE IS NO MORE AND DIED ABOUT 30 YEARS AGO. OUR GRANNY HAS THREE SONS AND TWO DAUGHTERS AND ALL THE SONS AND DAUGHTERS ALSO NO MORE. NOW ONLY THE SONS OF SONS OF GRANNY ARE LIVING IN THE SAID OLD HOUSE WHICH IS IN A PRIME LOCALITY. IT SHOULD FETCH A GOOD PRICE TO CATER THE INDEPENDENT HOUSING NEEDS OF ALL THE CHILDREN OF THE SAID THREE SONS. OFCOURSE, THE CHILDREN OF THE TWO DAUGHTERS ARE WELL OFF AND THEY ALSO DONT HAVE ANY OBJECTION FOR SELLING THE SAID HOUSE AND SHARING THE PRICE BY THE CHILDREN OF THE SAID THREE SONS. HOWEVER, SINCE THERE ARE NO TITLE DOCUMENTS AVAILABLE ONLY ON THE BASIS OF THE MUNICIPAL RECORD THE BUYERS HAVE TO PROCEED SO THEY ARE ASKING THE PROPERTY FOR PEA NUTS. ONE OF OUR FRIEND, A LOCAL ADVOICATE SUGGESTED THAT LET ALL THE LRS OF THE GRANNY EXECUTE A RELINQUISHMENT DEED IN FAVOUR OF ONE PERSON AND ON THE BASIS OF THAT DEED LET THAT PERSON SELL THE PROPERTY AND ALL THE CHILDREN CAN SHARE THE PROCEEDS. IS IT A GOOD ADVICE OR IS THERE ANY BETTER WAY TO SOLVE THIS PROBLEM?

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2 Replies

bhagwat patil (Property due diligence 9422773303) 01 June 2012

Take death certificate and VARAS DAKHALA of granny and update the record by applying to autharities.

PramodKumar (Officer) 08 June 2012

I intend to purchase a builder floor in east delhi. It is built on a freehold plot . The original allottee left a registered will in favour of her three daughters who after the death of their mother sold the property on the basis of registerd will. Now the builder have built a four storey house out of which we intend to purchase one floor. The property , after the death of original allottee, was not mutated by her legal heirs i.e. three daughters. in their name and instead was sold to the builders. What is the impliation if the property was sold by the daughters on the basis of registered WILL but without getting it mutated in their name first. Probate of Will is also not done. Rest of the papers seems to be in order. Should I go for puchase of such property without any compliations in future. The builder has already sold the rest of three floors. Pls enlighten me.