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How to get property registered in children's name after father's death
07-May-2023 (In Property Law)
Hello Sir, My grandfather built a 3 floor house and each floor was given to 3 brothers on mutual consent. My grandfather and grandmother are no more. I lost my father in 2012 as well. I wish to know how can we get the property registered. Both of my Father's brothers are not taking any interest in getting the property registered. My mother is concerned that what will happen to our house right if it is not transferred in time in my mother's name. No property documents are available with anyone. Regards
Sir firstly reveal that whether your grandfather make any will or not in the name of your uncle's and if it is there then whether it is registered or not and whether and partition takes place among you all or not.
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Adv. Lavika Gupta
Delhi | 50+ Answers
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It is really difficult to obtain registration without any property documents. For any transfer or for registration you would need original documents. Just in case the property has been with you and your family for more than 20 years and no one else has raised any objection or filed any case, you are entitled by way of adverse possession. Still, it is recommended that you obtain a copy of the title deeds from somewhere, like the Municipality or SDO office.
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Adv. Manu Tripurari
Delhi | 50+ Answers
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Hi there!!
First of all you need to see that whether the property was transferred in the name of all the brothers to their respective share of the property or not. If yes, then the document vide which the floor was transferred in the name of your father needs to be registered. After the said registration, the legal heirs may file the Succession petition in the court and get the succession rights. After that you may enter into a partition deed and get the same registered. the same shall stand transferred in the name of you or your mother. You may after that get the same mutated in your name by producing the registered partition deed.
For any further query please contact.
Monica, Advocate
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Adv. Monica Manchanda
Delhi | 25+ Answers
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We have to see the case whether the property is free hold or no. If not then DDA in delhi will do mutation. You can contact local registrar office to get the papers. Are you paying house tax ? And who is is possession? That matters.
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Adv. Prince Sharma
Delhi | 25+ Answers
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Your information is incomplete. Firstly it is not clear how the property is devolving on your uncles and your father from your grandfather. If it is devolving not by any transfer deed i.e. only by consent, then you have to procure the property documents from the concerned department . Only then the procedure for property transfer / registration can be initiated. Please provide more detail for going further. Write to my email for further quary.
Thanks.
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Adv. Sunil Kumar
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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