Please approach the Court for Succession certificate and partition suit to get the DDA flat in your name.
Ancestral property ownership
Hi Sir/Ma'am, My question is pertaining to my grandparent's property. The property in question is a DDA Flat in Delhi and I wanted to know how could I get the ownership of the house transferred to my name. As after the death of my grandfather, my grandmother, me and my sister lived in that house. My grandmother passed away in 2011 and my sister got married. However I still live in this house. My grandparents had 7 children, 4 daughters and 3 sons. My father being the middle son. All 6 of them beside my father are well settled and seldom visited the place in the past and it has completely stopped after the death of my grandmother. How should I go about owning the house to myself so I could secure a roof over my head and think about my marriage and future plans. I tried to reason with them to provide me with NOC but they denied and I do not have the money to buy this house from them. Please assist. Thanks.
Asked 3 years ago in Property Law
Religion: Other
13 Answers
Your father had only one seventh share in flat
2) you cnanot transfer flat in your name without consent of all legal heirs
3) if you don’t have money keep quiet and continue to stay in the flat
1. IF Property was in sole name of Grandfather and IF grandfather did not execute any WILL, THEN "ALL" his residual Legal Heirs (his Wife and all 7 Children) are entitled to EQUAL share in Grandfather's property.
2. Without proper NOC from grandfather's 7 children, the property CANNOT be transferred in your name.
3. However, since you are in actual possession of property, you can be classified as occupant by "Adverse Possession" and nobody shall have right to evict you.
From your above questions its look like you have tried yourself to get matter solve inside the house by oral talk or meeting and get the property transfer on your name but it could not happened.
So now you can send a legal notice to all of them for requesting to perform relinquish deed on your name or your father's name and mention under that notice all legal sharing ratio in the schedule.
If they do not respond in the particular time mention in the legal Notice then again send second notice for filing suit for adverse possession and provide all document in the court.
1. Your father and his siblings have equal rights on the property. They have to gift there share in favour of you to make you the absolute owner of the property, without that you cannot claim the ownership of the house.
After intestate demise of grand parents, property inheirted their chilren equally. You and your sister have only 1/7th in the property. To claim sole owenrhsip, all your uncle and aunties should execute registered release deed in your favor.
Without it, ownership cannot transfer in your name, continue your posession and use of property, after some years claim ownerhsip through adverse possesion. Do not let them enter in the property.
Dear Sir/Madam,
It is suggested that you approach the DDA and concerned authority of the revenue to get the house mutated on your name. You may be required to prepare and submit some documents which you should do.
The property belonged to your grandfather.
Her is reported to have died intestate.
Upon your grandfather's death, his property shall devolve equally upon all his legal heirs consisting his seven children.
The fact that they are residing away from the property shall not dis-entitle them from the rightful share in the property.
You had been living with your grandfather under his care from beginning.
This will not confer any rights to you over the property.
Just staying in the property will not make you an owner of the property.
If at all your grandfather was having affection over you then he could have transferred the property either by a gift deed or at least by a Will.
In the absence of the same, the property comes under the law of intestate succession.
Your father and his siblings are the successors in interest to the property.
You should file a sucession Certificate case in court obtaining the right over it. That suit will be filed against the General Public declaring that there is no other legal heire available
on demise of grandparents all Son's Daughter are class1 legal heirs, without consent of heirs you cannot transfer.
1. You cannot claim ownership of that house untill all the legal heirs of your grand parents give consent or NOC in your favour along with your sister.
2. However you can claim share of your father by filing partition suit against all legal heirs of your father that is your uncle and aunts as defendants and you and your sister are plaintiffs.
You will require noc from all or succession certificate in your name to transfer the same
All the legal heirs have a share and hence if they do not give you NOC then you cannot transfer the property title to yourself. You may not vacate the property and claim it as adverse possession.
