Hi, I have a property which was on my father's name. He passed away last year. My mom also passed away in 2007. As the only child of my parents, I was the only one to get the property. But somehowthe papers with the chain deed were lost. I filed FIR and got that in newspaper as well. However did not get the deed. Then further I have completed the procedure of motation. Now I have papers of motation and the attested deed copy from registrar office. I want to sell the property, however property dealers are telling that as the original deed is not with me, the property sale would not be easy. Can you tell me that now when the motation is done, then do I need to go to registrar office to submit any paper? And what can b done to convince people who are interested to buy but step back after knowing about the deed lost? Regards, Niti
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Can I go for gift deed to my husband and then either try to get loan or sale the property. Is this the right way to do things easy. What would b the rate of stamp duty that should be paid in Kanpur (UP).
I am not aware of the duties in Kanpur. Hopefully someone from there an help you out.
As far as the rest is concerned you may apply for the rectification of records in the local corporation and seek issuance of a fresh deed.
However ideally speaking there is no legal problem for you to sell the land now. Its the promoters way of trying to negotiate on the price aspect.
1) you can sell the proeprty on basis of certifed copy from sub regsitrar office
2) you have filed FIR on loss of originals , issued public notice taken all the safe guards
3) on demise of your parents mutation has been done and you are not required to submit any papers to regsitrar office
you are at liberty to execute git deed in favour of husband
2) gift deed should be stamped and regsitered
3) stamp duty is state subject and varies from state to state . local lawyer can guide you as to stamp duty in UP
1. Mutation is not the evidence of ownership of the property but registered title deed is.
2. So, the buyers shall demand to see the original title deed of your father to be confirmed that you being his only legal heir is the lawful title holder of the said property and also to ascertain that your father had not avail any loan from any Bank by mortgaging the property for which the original title deed of the said property is requited to be submitted with the lending Bank.
3. In absence of the above original document, the buyer will certainly feel that he is taking a risk of buying your property without seeing the original mother deed and to adjust/compensate the said risk which the buyer is being exposed to, he would ask for a much reduced price of the said property.
4. Collect certified copy of the title deed of the property from the Registrar's office and try to convince the prospective buyer that the said property has not been mortgaged with any Bank.
1. Even if you register a gift deed to your husband, the buyers will ask for the original mother deed which you won't be able to show them.
2. However, stamp duty for gifting to family member is negligible which you shall have to ascertain from your local Registrar's office. In West Bengal it is 1/2 percentage.