A]. I am working in "Patna-Bihar" in PSU since last 15 years. In 2012 my father residing in "Dhanbad-Jharkhand" purchased a flat in Patna and got agreement and deed registered in his name. B]. My father died intestate last year in Nov-2017 left behind us my mother , 2 elder brothers and 2 younger sisters. We are Hindu family. C]. Since i am residing in Patna , Now all my direct family members residing in other cities/country as above want me to get this flat registered in my name in Patna to take care as they all have other flats/house to take care of. D]. We have made family tree(family suchi) from govt authority . We have also collected the original sale agreement paper and NOC from bank but original registration deed was not available . A set of photocopy of registration deed is available with us. Also scanned web copy of original is available from internet. Now the issue is. 1. Is it necessary to have original registration deed while registration ? If yes how to obtain duplicate/original copy? 2. Is family succession different from family tree suchi ? Is it mandatory to have this while registration process in my name? 3. Is it necessary to physically make available all family members in registration office or any other way they can assign power/NOC to me acceptable by registering authority? 4. What would be the registration % cost in above process as my father has already paid registration charges ? Whats the best steps to have minimum cost. 5. Myself being in PSU kindly highlight income tax and PSU formalities.
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1 apply for certified copy from sub regsitrar office
2) for mutation of flat in your name you need death certifcate of father , NOC of legal heirs . better they execute relinquishment deed to relinquish their share in proeprty
3) relinquihsment deed should be duly stamped and regsitered
4) regsitration charges vary from state to state
1. See if there is certiied copy of the document availabe then original is not required. You can get certified copy from the sub-registrar office by appliying in prescribed form and fee.
2. Succession certificate is for the movable property family tree certificate is for giving details of the legal heirs. Succession certificate is not required you can get property mutated in name of all legal heirs and then they can relinqush rights in your favour vide registered relinquishmet deed.
3. Either physically or through POA in favour of you or any other relative
4. On relinqquishment deed stamp duty for there share shall be applicable you have to pay same. % you can confirm with local registrar of lawyer.
05. See if there any clause to disclose same in your PSU you can disclose same into your PSU further for income tax gift from siblings and mother is not taxable.
No it is not necessary to have original copy you can also apply for the dupliacte copy from the Registration Department.
While getting it in your name, you need to take a No Objection from your mother and siblings. To avoid confusion to the authority.
Or make them Confirming Party in the next deed you get into.
Yes, since now the system has gone Digital it is needed to bring the family .
However if you take NOC signed then it is not required
Here you need to mutuate your name so no stamp.duty and registation fees will be charged.
In PSU u need to inform your HOD in writing giving a prior notice. However in Income Tax it won't be charged as your purchased property since u r inherting not purchasing.
(In purchasing seller and purchaser need to be present)
In your case inhertiance is an Option
1. It is pertinent to have the original title document for further transactions.
If you dont have the same, you may lodge a police complaint about the missing document, publish the same as a public notice in any local newspaper, obtain non-traceable certificate from the Police.
After that along with all the said documents, you may apply for copy of certified registration copies of the document before the SRO's office.
2. Succession certificate is different to that of the legal heirship certificate/family tree certificate.
It is not mandatory but the buyer may insist on it.
3. The parties to this may even execute a registerd POA in your favor if they want to avoid visiting the registrar's office.
4. The stamp duty paid by your father was for registration of the same to his name, hence you may have to pay the stamp duty afresh for the prioperty you are likely to acquire now.
The applicble stamp duty and the registration charges may be enquired locally.
5.Income tax in this regard may not be applicable if you are the beneficiary.
