1. Yes it matters. Check the ownership title in the land revenue office.
2. Get a registered WILL done for this.
3. Registered WILL.
4. Gift Deed.
Area of Jurisdiction: Delhi Type of property: DDA built flat. Ownership type: Resale from original allot-tee My dad purchased this property, we are residing in currently, some 20 years back. Now he is quite old, close to 70 years of age and recently lost his younger brothers to natural causes. This has prompted us to evaluate the options we have in-terms of property ownership transfer from him to myself (his only son & heir). 1. Does it matter if the property has been registered in his name or still held under power of attorney. 1a. How do I check, online or physically, who owns the property as per official land records. Or if name change has been effected. 2. I am not comfortable to ask him to transfer the property to me at this stage. I guess no son would be while his father is still able to move around and healthy. But at the same time don't want the hassle of having to prove my right , or being his heir in his absence. What is the simple solution to this. 3. Is there a way the property, while it remains in his ownership while he is around, but gets transferred to me and only me, after his demise without much hassle and cost implications at that stage. 4. What is the most cost effective yet non-intrusive way to ensure my inheritance or ownership of my house currently owned by dad.
1. Yes it matters. Check the ownership title in the land revenue office.
2. Get a registered WILL done for this.
3. Registered WILL.
4. Gift Deed.
1. You need to check it with property papers he possess. Or if registered then through registered office.
2. Execution of Registered Will is the only option.
3. Will
4. Will
1. As per law, even a registered power of attorney Holder is having no legal status if the said is related to property , as a Power of Attorney is not title document .
1. Since you are residing in the said premises for the last 20 years , and having a POA in favour of your favour , then on this ground , you can apply for free hold of the said property in the office of DDA , and transferring the same in your fathers name of legal heirs name.
2. You can take a WILL from him , however do as No. 1 reply
3. You should try to transfer the ownership from the allottee to your fathers name firstly , because till date the said property is not in your fathers name in the record of DDA.
1. If your father has purchased this property then he alone is it's owner. Therefore he should apply for mutation of his name if not already done which though alone doesn't affect the title of the property.
2. If you alone is his legal heir then your desperation to transfer the property in your name during his lifetime is really distasteful.
3 . You can get a Will executed in your name.
4. Will is most cost effective way for intestate Succession.
1. The property should have been registered in his name.
1 a. You can apply to get Encumbrance Certificate from the jurisdictional Sub Registrar's Office to know the current and previous owners of the property.
2. Simple solution to this is, let your father execute a WILL bequeathing the property to you, as the beneficiary. After his death, you can produce the WILL to the jurisdictional Corporation Office and by this way the mutation of name from your father to you takes place for the property.
3. During your father's lifetime itself if the property to be transferred in your name, then your father has to execute a registered Gift Deed in your favour and the transfer of property takes place immediately on your accepting the gift, during the lifetime of your father itself. The cost implications differ from State to State. However it's to be noted that the Stamp Duty for Gift Deed executed between blood relatives attracts nominal duty, atleast in Karnataka, where it's only around Rs.5000/-.
4. Your father executing a WILL bequeathing the property to you.
Your father can execute conditional gift deed in your favour
2) during his lifetime he would enjoy the property and on his demise you would be absolute owner of property
3) your father should have registered sale deed in his favour to confer clear and marketable title to property
1. Father, while being alive, can execute & register a "conditional" Gift Deed, wherein a clause may be inserted that you as the Donee (Gift Receiver) becomes liable to look after Father's well-being, till he /Parents are alive. Here you will legally not be entitled to Sell /Transfer /Gift /Will the property, till father is alive, which ensures his safety towards his financial & physical needs. Gift Deed is a cheaper and instant solution.
2. Another option is Father executes a WILL in your favor, which can be enforced only on his demise. Will can be changed many times during his life time. WILL execution in Delhi, is a costly affair.
Ownership dose not transfer through POA and POa will expire on his demise, so better tell him to execute gift deed in your favor not the basis of POa and it is must otherwise later you will certainly face problem to transfer property in your name.
He can execute Will in your favor but depends on the document through which he acquired the property. At least POA is not the perfect document.
1. The POA deed is not a title document.
However if the principal is alive then your father can transfer this property to your name by executing a registered sale deed on the basis of the POA deed in his favor.
2. First of all ascertain that whether your father is having a registered title deed on his name or only a registered power of attorney deed alone.
If there is only a registered POA deed is available on is name then he may have to transfer the property to your name by a registered sale deed so that he do not lose the property in case of his sudden demise.
3. No way.
You first ascertain the facts as suggested above and then think about transferring it to your name by adopting legal process.
4. All your questions shall be answered only if your father's title is confirmed by a registered sale deed on his name.
Sir,
Since you are the only legal heir of the flat, the flat would go to you after his demise if there is no Will executed by your father. Secondly, it is to be seen whether the flat is freehold or leasehold. If the property is leasehold and your father has purchased by executing Agreement to sell, GPA, etc., then you have to get it converted from leasehold to freehold from DDA, this can be done by your father and after his death you can do it by submitting his death certificate. Thirdly, if the flat is freehold and the father is holding Conveyance deed from the allottee and Sale deed in his favour, there is no worry and you would become the owner of the flat by way of inheritence after his death and would be capable to deal with the flat in any manner. Have patience. Time will solve all the hindrance. May be your father, at a stage, himself disclose the facts regarding his inheritence. May he live long and you take care of him in all possible means. There is nothing to worry about. No concreate opinion can be given without going through the title documents of the flat.
1a. You may go to website of Inspector General of Registration and find out the details of ownership online payment information from the site by mentioning CTS, Survey No and plot No of the Property.
Since you are only legal heirs, definitely you are legal heir to inherit his property after his demise.
get it verified from the nearest municipal corporations' office or visit sub-registrar's office.
will Or gift deed is only option.
Dear Sir,
You are suggested that you may confirm the title of the property from the registrar's office and if not on the father's name, get the same transferred on his name. Being only son and legal heir, you are suggested not to worry at all and the said property will come to you after his demise.
1. Yes it matters that property owned by your father or he just have POA of the property.
2. You can apply for copy of mutation records from revenue department.
3. You can ask your father to make a registered will making your sole beneficiary of his properties.
4. Will is most effective way to prove your ownership after death of your father.