• Unclaimed share in property

Sir / Ma'am,

 I have 2 questions as below :

A ) My father is the fourth generation, A property located in Kanpur ( UP ) is bequeathed as per a registered will from My grandfather in 2001 which we want to enforce now since he passed away.

Problem : The property property paper has a name of one of a relative who is supposed at be deceased around 60 years ago, No Legal heir has come from past 50 years,No idea where they are, NO One has come to claim.

To transfer the property we need NOC or Death Certificate of that Person or their heirs , Both are untraceable, They never show up from last 50 years. All the maintaince, Light bills is paid by my grandfather from the beginning .
My father stays there is enjoying the possession of the house.
How do we get an NOC or death certificate ? Is there another way to transfer it my fathers' name ? Can we make any documents ?
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

A petition (For Succession Certificate ) needs to be filed with the district court or high court within whose jurisdiction the asset is located. The name and relationship of the petitioner, the names of all heirs of the deceased, details about the time, date and place of death should be mentioned in the application. A copy of the death certificate has to be produced.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

1. you will have to file a suit against the Administrator General

2. the administrator will be directed by the court to survey the property and submit report to court

3. if the administrator finds that there is no co-owner living or any of his descendants are also not present and living then based on his report the property can be transferred to your grandfather's name

4. in this suit you will also have to make the other legal heirs of your grandfather as party defendants for them to give NOC for transfer of property to your dad's name based on the Will

5. alternately you can take NOC affidavit from these legal heirs and annex it to the suit papers

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

A person may be in possession of some property (although possession does not always imply ownership.

Mohammed Mujeeb
Advocate, Hyderabad
19332 Answers
32 Consultations

Dear Client,

This can be done by court declaration of CIVIL death that person not heard from seven years.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You need death certificate of deceased person and NOC of legal heirs to transfer property in father name

2) without said documents property would not be transferred in your father name

3) engage a detective agency to trace the legal heirs

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

You have to produce the link to get the property transferred in your name another case the rest of the property will be transferred as per your shareholding and the other property will remain be in the name of the deceased person as you don't have the death certificate any other evidence of his death

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) You can transfer your name as per Indian Succession Act , so just enter your father's name and all of your siblings.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

This is my response to you:

1. Send a legal notice to the last known address;

2. You must also take out an advertisement in the newspaper one local and other national and invite claims;

3. If nobody shows up after 30 days then stake your claim;

4. To legally claim the property, file a suit for declaration of right, title and interest in the property;

5. Consult a local lawyer and then take legal steps forward.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Hello,

if NOC and death certificate are not available, then file a declaration suit to the effect that your grandfather was the owner and has the clear title of the land. In the said case newspaper publication etc will be made.

thereafter on the basis of the said declaration the property will be transferred.

Regards

Let me know if I can be of some help

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If nobody has claimed that property and your grandfather had been maintaining that property as well as paying all the bills, you can file a suit for declaration in Civil Court to declare you owner of the property.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You first of all apply for transfer of the property to your father's name by producing the Will on his name to the concerned authorities, let them give a reply stating what all you have mentioned above.

After that you can send notice published in the newspaper since you are not knowing their particulars or address.

With the process completed, and if necessary by executing an indemnity bond, indemnifying the future event, if insisted by the authorities, along with the newspaper publication, you may apply for transfer once again, this time with a duly notarised affidavit besides other documents mentioned above.

If the authorities turn a deaf ear this time also, get their reply in writing and then approach court seeking direction to the concerned authorities to transfer the proeprty to your father's name based on the will and other other documents submitted to the authorities.

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

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