Reconveyance deed made on my dead father's name by pwd office
Sir, iam mohan , my father was in pwd department in delhi and taken a loan for building a house on our plot, for this purpose our that plot get mortgaged in pwd department for sum of 1,80,000. and this amount plus interest were supposed to deduct from my father's salary in installments of 2000 rupees per month. but unfortunatelly he died at the age of 52 in 2011and have paid only 75000 rupess in all installments and the rest of the amount got deducted from death gratuty that was payable to my mother,(she was nominated in father's service book for pension,also i my self(son) and my younger sis's name were written in the column of family details in my father's service record book, and also my sis and i myself together gave an affedavit clearing that we don't have problem if all the funds and pension get to our mother's name, so all the sum including pension and insurance and gratuty was payable to our mother). After repayment of loan through gratuty in one go, they issued N.O.C to us clearing that nothing stands against my father and then only my mother's pension got started. But now they made Reconveyance deed in the name of my Father, and we have to get it register at sub registrar offce baghpat, but sub registrar says that your father is dead so this deed is wrong, and we contact the pwd office about same concerned,we also gave them VAARISAN PRAMAN Patra that was given by district megistrate baghpat ,uttar pradesh. it has the family member's name and details and relation with my father. it also have one line stating that this is valid only5000 rupees sum,and it is not valid on any legal fights. but pwd rejected this certificate and they demanded succession certificate/legal heir certificate or any proof that states clearly out that either my mumy or i or my sis or even all of us are legal heir to my father. now we are in term of confusion because property is mortgaged and they asked for succession certificate / legal heir certificate of same property for reconveyance deed. and we have already given them details of family pension book and an affedavit that we dont have objection if reconveyance deed is made to my mother's name, in our family only 3 members we are.1: My mother, 2: my sis unmarried and 3: i myself unmarried. sir/mam please also clarify what is succession certificate and what is legal heir certificate. we have already got a certificate (vaarisaan praman patra) that clarifies only family members and relation with deseased person , it was given by district megistrate baghpat. we live in baghpat uttar pradesh. but my father worked in pwd delhi. and pwd office made reconveyance deed on my deceased father's name .please tell me what to do, should i file a case against pwd office for issuing reconveyance deed on my deceased father's name? and what is the process of getting legal heir/ succession certificate and what documents are needed. thank you mam and sir.
Asked 3 years ago in Property Law from baghpat, Uttar Pradesh
You should get a legal heir certificate from your tahsildar /village officer or a district revenue officer. not the magistrate.
To apply for legal heir certificate you have to approach our talati/tahasil office and ask for the form and . they will help you, the documents you need are, ration card, death certificate of your father, birth certificate of you children if.
To get a succession certificate,you need to apply before the district court where your dad was working and living or the place where the property lies.There is a court fee involved based on the market value of the property or the amount based on what your claims are if PF or /LIc etc.
Engage a good practicing civil lawyer and it will take 6 to 8 months time.
Conveyance cannot be registered in your dads name as he is not alive. it has to be in the legal heirs name, either in any one your name or joint names of you all.
1) reconveyance cannot be made in name of dead person
2) as rightly pointed out by PWD you would need succession certificate or legal heir certificate
3) you don't have to file any case against Pwdto obtain reconveyance
4) for issue of succession certificate or legal heir certificate. you have to apply to district court
You have to first apply to the concerned office to reconvey the property on the names of all legal heirs or anyone of the legal heirs based on the NOC/Release letter by other legal heirs in favor of the said legal heir and also enclose a copy of the service record wherein the aes of all legal heirs have been recorded. Get this written request acknowledged. If the authorities reject the request by their reply, you may approach court with a suit for declaring the legal heirs and title to the property now reconveyed in the name of your deceased father to confer the same on all other legal heirs. based on the rejection of request by the competent authority and the said authority to be impleaded as defendant.
First of all i want to say thank you to all of you for helping me. sir/mam i want to clear that,
1.i have already got legal heir certificate that was issued by revenue officer in uttar pradesh known as tehsildar and was given to us by district megistrate office after getting official seal of district magistrate. it has all the name of us( my mumy ,sis and i myself, and relation and date of birth).
2.In uttar pradesh in hindi language it was issued namely VARISAN CERTIFICATE, is varisan certificate is different than legal heir certificate?
3.This certificate has a line saying that it will be valid till rupees 5000 and in relation with any disputes about property this certificate will not be valid.and this line and whole certificate is written in hindi language.( On this point PWD official says that this certificate is valid only on 5000 rupee sum so give us a different certificate) they asked for legal heir certificate and i gave this.
4 and because we are only 3 members of my fathers family, so we dont have any disputes over our property, so i want to ask that central govt rule book says that the cost of reconveyance deed should be born by the pwd office, and they are not willing to write my mumy's name instead of my deceased father, so is there any chance to get some claim on pwd officails for compensation because they are forcing us to adrift and such a mental pain etc? we have given them each and every certificate that they asked. (we have , noc for loan payment, all the sums and death benifits get to my mum's name due to service record of my father, we have given them an affidavit clearing that my sis and i myself doesn't have problem if all the funds and reconveyance deed made on my mumy's name, now we have given them legal heir certificate issued by tehsildar district-baghpat u.p. now they ask for succession certificate.)
5. and this property is still mortgaged by pwd office because reconveyance deed was made in favour of my deceased father, and they ask succession certificate, does succession certificate get issued by court on mortgaged properties? if not then what is the procedure should we apply and will we be able to get compensation from pwd ?
6. where should we file our case in delhi where the pwd office and my father worked or in the same district where this mortgaged property resides?
Thank you sir and mam.
Asked 3 years ago
1) if varied an certificate is valid only for rs 5000it will obviously not serve the purpose
2) legal heir certificate is issued for a limited purpose of receiving Government dues such as Govt. Provident Fund, Gratuity etc. to the legal heir of the deceased employee of the State and Central Govt.
3) instead of going to court against PWD it is in your interest to obtain succession certificate from court . It does not take more than6 months
4) even if you file any claim for compensation it may take years before your case is decided and you would spend lot of money on litigation
5)succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction.
If the PWD authorities dispute the legal heirship certificate on the basis of its monetary limit, they can be held legally right to confirm the legal heirs other than you three.
The right way to get the property from the lethargic and reluctant staff of the department,you have to create record of their rejection and approach court for taking delivery of your father's property on the basis of successors in interest to be declared by court in respect of the deceased.
1. This is yet another case where the illiterate babus of the country have defeated the legal rights of someone.
2. The legal heir certificate issued by the DM is sufficient proof of heirship to your father. Succession Certificate cannot be issued in your case.
3. You should issue a lawyer's notice to sub-registrar to register the deed, failing which you can file a lawsuit to seek court's directions to the sub-registrar to register the deed.
4. The case has to be filed where the property is situated.