• How to claim land property / need to clear title / ownership

Me and my 3 aunts are jointly owners of 12 piece land 
7yers ago 3years ago and 2 ago year respectively they have been paased ( no more )
all 3 aunts dont have any legal heirs and to clear title / sole ownership of same land - i am dont have their death certificates due to some family issue 
not even record /contact for same 
PLEASE ADVICE HOW TO GO AHEAD TO CLEAR TITLE / SOLE OWNERSHIP

REGARDS,
BHANUDAS DESAI.
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

Hi,

It is suggested that you approach local authorities where the death certificate might have been issued. If not issued, you are suggested to get the death certificate by observing due process and go for claim of land.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1.  File for "Letter of Administration" with the Mumbai High Court, with proper schedule of property and other available documents.  You will have to claim that you are sole surviving legal heir for the properties of the deceased relatives.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1) on aunt death legal heirs need death certificate to carry on mutation if property in their name 

 

2) even for obtaining legal heir certificate ypu  need Death certificate of aunts 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

For deletion of aunts names you need their death certificate 

Ajay Sethi
Advocate, Mumbai
94658 Answers
7524 Consultations

5.0 on 5.0

1.  Property, as per law is as follows:

a)  Yourself =  25%

b)  Three Aunties = 75%

2.  You have to file LA for 75% (aunties property)

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi,

After obtaining death certificate, you may approach to registrar registrar office for mutation of property on your name.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You need to get their respective death certificate and apply for succession certificate and get the property mutated in your name

Prashant Nayak
Advocate, Mumbai
31911 Answers
179 Consultations

4.1 on 5.0

You have to arrange death certificate or apply for legal heir certificate and on the basis of it , complete transfer in your name.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Dear sir

For that you should have their death certificates and for obtaining them you should move application in sub registrar of birth and death.  After obtaining the death certificates you can apply for tranfer of ownership in your name.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

Firstly you should obtain the death certificates of  all the three aunties after that go for succession certificate.

It depends if you're applying from a Panchayat/municipality/taluk office (Legal heir certificate) or obtaining from court (Succession certificate). From Panchayat you will get sooner on submission of death certificate and application (say 7 days, if you know personally the officer you may get it in a day as well) but you can only do transactions within some (state wise) money limit (usually INR 25,000/- to INR 50,000/-). For other purpose or higher transactions, you will need a succession certificate from the court. You need to file an application including all other right holders as co-applicant and it may take upto 3 months. If court finds any issues with not including any right holder, then it may get delayed. Sooner or later you will need a succession certificate, so its better to apply as soon as possible.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You will have to obtain the death certificates, failing which it will not be possible to get the clear title. 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

After obtaining the death certificate, you will have to file a suit in the HC and obtain the order to this effect 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Without their death certificate you cannot ge legal heirship certificate.

You may say that there are no legal heirs surviving their death whereas the buyer of the property may insist on it hence you may even get a nil certificate from the revenue department to ensure that the property falls on you being their relative.

You may have to get their death certificate from the concerned Municipality or corporation for proceeding in this regard.

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

If you have to remove their names from 7/12 you may have to get their death certificates otherwise their names will remain in it

T Kalaiselvan
Advocate, Vellore
84859 Answers
2188 Consultations

5.0 on 5.0

This is my response to you:

1. There will be class I legal heirs, if not then class II legal heirs of the aunts;

2. You will have to seek their NOC or relinquishment deed from them;

3. You must take all precautions;

4. Then you can file a suit in the court, for declaration;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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