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Is NOC required from legal heir to transfer property of missing person
08-Oct-2023 (In Property Law)
The husband of my sister was missing more than 07 yrs. As he was native of Delhi , the Delhi court has declared him dead and issued a death certificate. She is possession of survival Certificate issued by Delhi authority. This survival certificate has name of my sister , her daughter, Her father -in -law an her Mother-in-Law. Her Husband owned a property ( self Acquired) at Ghaziabad ( UP) but there was no nominee in the record. the questions are :- (a) what will be the procedure to transfer this house at my sister's name. (b) will the survival certificate issued by Delhi Govt. is enough to claim the House, if Mother and Father-in-law are ready to give NOC?
If you have declared death certificate of court then apply live family members certificate in sdm court and when you get that certificate then file application for name mutation and attach both noc of your in law's
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Adv. Shubham Mishra
Kanpur | 100+ Answers
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Dear Sir
Please note First of all , I would like ro clear you that nominee is not legal heir. The survival certificate issued by Delhi Government is not a sufficient document to get the property register in favour of Sister and others. Might be the certificate you are shaving is issued by SDM and this is certicate is not valid for property transfer. Because it has worth for the value of Rs 5000/- only and it would be mention therein. In Ghaziabad U.P. or other places a Succestion certificate will be request to obtain from Court.
We can help you for that.
Regards
Sanjeev Srivastava
Advocate
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Adv. Sanjeev Srivastava
Ghaziabad | 50+ Answers
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