• Right to property

My husband self acquired a DDA flat in the year 1974 under the lease hold scheme. He had completed paying the stipulated lease amount but failed to convert into a freehold from Delhi Development Authority. He died intestate. I have an elder Son and a daughter, both are married and settled. The son continues to stay in the same house. Immediately after the death of my husband, my daughter got the ownership name changed into mine, to the effect the change was only made in Municipal records by giving an affidavit with consent of both the children, as she did not know about the legalities then. Soon after the marriage of my son, the environment at home turned out to be very different with frequent frictions and exchange of verbal abuses. I have tried my level best to settle the frictions amicably in the past with a hope that things would work for better over a period of time. But the situation has reached now that there seems to be no other way out. I am 73 yrs and medically unfit (suffering form Di abates and hypertension)and find myself very weak to fight with the two and wanted to live peacefully. Though I have been allowed to live in the same house on my own capacity taking care of my affairs, but with their regular intrusion to my space. If I raise any objection to their interference, I become the victim of their verbal abuses. On many instances, I have told my Son to part ways and allow me live peacefully. However,he has threatened me that he will vacate only on court orders. I draw a minimal family pension. This house is the only property I have as of now. I am managing my expenses . Though I, my son and his family are living under the same roof, but the kitchen is handled separately.I wish to know, if there is any way that I can get this property changed into my name. My son is neither extending his co-operation for conversion nor is he agreeing to dispose of the property or allowing me to live peacefully. Even if I have to dispose the property, I am informed that the conversion of the property to a freehold is essential.Can anyone help identify amicable solution to my problem. I am going clueless day by day, given my age I am unable to resist to the abuses thrown on me. Please suggest.
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

On your husband demise you , your son and daughter have equal share in the flat

2) mere affidavit by children is not sufficient

3) son and daughter should have executed relinquishment or gift deed for their share in property

4) for sale of property you need consent of son and daughter

5) for conversion of leasehold flat into freehold in Delhi approach DDA

6) applicant shall be required to furnish the following documents along with the application form:-

(a)Undertaking from allottee/mutatee duly attested by Notary Public/1st Class Magistrate (as per Annexure “E” the Booklet)

(b) Affidavit from the allottee/mutatee duly attested by by Notary Public/1st Class Magistrate (as per Annexure “F” of the Booklet)

(c) Indemnity Bond from the allottee/mutate duly attested by Notary Public/1st Class Magistrate (as per Annexure “G”) or Indemnity Bond from GPA/ Agreement to Sell holder (as per Annexure “H”)

(d) Proof of Physical Possession of the person in whose name the conversion is sought viz., copy of anyone of the following:-

- Passport/Voter I-D Card/Elect. Bill/Water Bill/House Tax receipt/Ration Card etc., duly attested by the Notary Public/Gazetted Officer.

(e) Copy of Demand-cum-Allotment Letter issued by the DDA, duly attested by the Notary Public/Gazetted Officer.

(f) Copy of Possession Letter issued by the DDA, duly attested by the Notary Public/Gazetted Officer.

(g)One passport size photograph and 3 attested specimen signatures of the person in whose favour the Conversion is sought, duly attested by the Notary Public/Gazetted Officer (As per Annexure “J”).

(h) NOC from the mortgagee (in case the flat is mortgaged) duly attested by the Notary Public/Gazetted Officer.

(i) In the cases of allotment on Hire Purchase basis, copy of the No Dues Certificate, or copies of all the challans vide which the payment of premia, initial deposit & monthly installments etc. had been made by the allottee/applicant.

(j) In case of mutatee, the copy of mutation letter issued by the DDA duly attested by the Notary Public/Gazetted Officer.

(k) Details of ground rent (as per Annexure “K”).

(l) Undertaking for payment of difference of provisional conversion, charges if any

duly attested by Notary Public/ 1st Class Magistrate (as per Annexure “L”).

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

BYvOn your husband demise you , your son and daughter have equal share in the flat

2) mere affidavit by children is not sufficient

3) son and daughter should have executed relinquishment or gift deed for their share in property

4) for sale of property you need consent of son and daughter

5) for conversion of leasehold flat into freehold in Delhi approach DDA

6) applicant shall be required to furnish the following documents along with the application form:-

(a)Undertaking from allottee/mutatee duly attested by Notary Public/1st Class Magistrate (as per Annexure “E” the Booklet)

(b) Affidavit from the allottee/mutatee duly attested by by Notary Public/1st Class Magistrate (as per Annexure “F” of the Booklet)

(c) Indemnity Bond from the allottee/mutate duly attested by Notary Public/1st Class Magistrate (as per Annexure “G”) or Indemnity Bond from GPA/ Agreement to Sell holder (as per Annexure “H”)

(d) Proof of Physical Possession of the person in whose name the conversion is sought viz., copy of anyone of the following:-

- Passport/Voter I-D Card/Elect. Bill/Water Bill/House Tax receipt/Ration Card etc., duly attested by the Notary Public/Gazetted Officer.

(e) Copy of Demand-cum-Allotment Letter issued by the DDA, duly attested by the Notary Public/Gazetted Officer.

(f) Copy of Possession Letter issued by the DDA, duly attested by the Notary Public/Gazetted Officer.

(g)One passport size photograph and 3 attested specimen signatures of the person in whose favour the Conversion is sought, duly attested by the Notary Public/Gazetted Officer (As per Annexure “J”).

(h) NOC from the mortgagee (in case the flat is mortgaged) duly attested by the Notary Public/Gazetted Officer.

(i) In the cases of allotment on Hire Purchase basis, copy of the No Dues Certificate, or copies of all the challans vide which the payment of premia, initial deposit & monthly installments etc. had been made by the allottee/applicant.

(j) In case of mutatee, the copy of mutation letter issued by the DDA duly attested by the Notary Public/Gazetted Officer.

(k) Details of ground rent (as per Annexure “K”).

(l) Undertaking for payment of difference of provisional conversion, charges if any

duly attested by Notary Public/ 1st Class Magistrate (as per Annexure “L”).

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You cannot sell the property until it is converted into freehold and you possess the title to the property.

For converting the leasehold to freehold, the NOC from all other legal heirs in your favor is required to be submitted to the authorities.

However you can issue legal notice to your son warning him of action and punishment for his tortures and abuses asking him to refrain from indulging in such undesirable activities.

If he do not listen and continue to do the same thing, you may lodge a complaint with the local police about this and get him booked under various provisions of criminal law including torturing the old women.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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