My mother has a home solely owned by her. The house is registered in her name. Due to personal differences with my mother, my father moved out when i was 4 years old in 1994. He has not been in touch with us since then. Also, my paternal side family members never maintained any contact with me or my mom. There was no official filing of any divorce, also i have no paperwork with me for his current address proof, i only have childhood images left of the three of us. My mother passed away in 2006 due to cancer and no will was present. I was only 16 when she passed. There has been no contact from my father until now, i am not sure even if he is currently alive or not. i am the only child , Now i want to get the house named under my ownership. Kindly let me know what documents i need to procure for the same. I have my birth certificate,aadhar card,passport, bank account in place. The bank account was mutually held by me and mother.
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1) Yes, you can get legally transfer house on your name, in the revenue department and collector office and municipal or gram panchayat office to circle officer.
2) Produce your mother's death certificate and for time being you are not known about your father is alive or not, so you can tell your father was not alive from the year 1994.
1)As per Section 108 of the Indian Evidence Act, if a person is not heard of for seven years or more, he is presumed to be dead. So you can file a suit for declaration and you will get the declaration from the court. However, you need to take care of a few things in such a case:
2)You must have exhausted all the options for finding the missing person such as police complaints, inquiries from blood relatives, friends and advertisement in the newspaper.
3)While filing a suit in the civil court for the declaration of death all the documents and newspaper clippings, proof of efforts taken to trace the missing person and an affidavit from close blood relatives stating the entire issue till the date of filing of a suit is to be attached with the suit.
4)once the court has declared the missing person to be dead, the same shall be submitted and recorded in the death register of the Municipal/Taluk office of the area. Then a death certificate will be issued of the person declared to be dead by the civil court.
5)The death certificate can then be used in dealing with the movable and immovable properties for the purposes of inheritance or sale, etc.
Dear Client,
Since, no official divorce, he is also inherit her property. You have not heard of him from long time and person missing for long and not heard of for over seven years could be presumed to have died but this is declares by court - civil death.
Apply for legal heir certificate, presumed him dead. On the basis of it, Get the property transfer.
Is this mother self acquired property or inherited from her parents ?
on mother demise intestate your father and you are the legal heirs
2) your mother did not divorce your father
3) apply for letters of administration in name of legal heirs . enclose mother death certificate
4) your father can execute consent affidavit wherein he relinquishes his share in house
5) if your father is dead you need his death certificate
6) on basis of LA apply for mutation of house in your name
Since my mother was a government employee,i was asked by her office to give an advertisement in local newspaper addressed to my father in 2010 quoting that my mother has passed and i need his physical presence for the legal formalities to follow. I didn't received any response on that advertisement either in personal or written capacity from my father.Hence the thought that he may not be currently alive. Can i use the same advertisement to apply for his death certificate/cancellation of his claim in property?
mere issue of public notice is not sufficient to transfer of property in your name
2) you need his death certificate
See you need to file before civil court to declared your father dead from the civil court using the advertisement the court shall declare him dead based on order you can transfer the property in solely in your name.
The proof of that he has deserted like FIR advertisment all these things are required to annexed to application before the civil court
1) Yes, its accepted in the providing death certificate in municipal corporation.
if you are the nominee of the said flat you can proceed for transferring your name in the said society. If she has any will in your favour that will also help your for transferring. Otherwise you need to obtain the succession certificate from court.
1.Yes, after advertised file suit.
2.Engage any local lawyer.
Yes.
You have to confirm if your father is alive.
If he is living then he has to execute a registered release deed relinquishing his rights in the property in your favor.
If he is not living then you get his death certificate and apply for legal heirship certificate of your deceased mother, apply for name transfer of revenue records to your name.
No, that procedure will not be sufficient or proper.
You have confirm his existence/ death with documentary evidences.
1. The property can be transferred in your sole name, by getting a "letter of administration" (LA) from the state's High Court, in your favor. A person is presumed dead, IF untraceable for Seven years, subject to following due procedure of law, in a civil court.
2. Using the above LA, you can file application with the relevant authorities (municipal, revenue, society, ....) to transfer the property in your name, AFTER which you can Sell /Gift/ Transfer /Lease /Mortgage the property, without any reference to anybody.
Keep Smiling .... Hemant Agarwal
1. Since the marriage of your mother was not dissolved and she died without making a will, therefore her property devolved through intestate succession on her husband and children equally.
2. You are not the absolute owner of the property as your father too has a share therein.
3. You should firstly apply for mutation of the property in your favour. You may then file a suit for declaration of civil death of your father on the ground that he is not seen or heard of for more than 7 years now. Only if the decree is passed in your favour then you can be declared as the absolute owner of the property.
4. Death certificate cannot be issued by the authorities unless the date of death is known.
1. A succession suit will have to be filed.
2. And a declaration will have to be obtained that you have no connection with the father and that you are the only legal heir as of now
Yes you can use the said advertisement again, if required.
Also tell the court that the dues have been given to you from the department, being the legal heir
Yes. You can do that. even he didnt turn back with in 7 years of marriage life, it means he looses right as Husband. Fix up local lawyer and get the succession certificate through court.
