• Ancestors House without documents

Hello, we have residential house in a village in Guntur district of Andhra Pradesh. We don't have complete set of documents for the land but have document only for portion of the land. He bought the residential land in two parcels in different years. This land was bought about 60-70 years ago by my grand father (mother's father). My mother is only daughter of my grand father. My grand father died some time ago and we have death certificate. Property tax paid to Panchayat and other utility bills are available for years. What would be the procedure to get this house registration done for full land on my mother's name as she is the only daughter of my grand father. Both my grand parents are not alive now.
Asked 3 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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8 Answers

If your mother is the only legal heir to succeed to the estates of deceased father then she first has to obtain legal heirship certificate from revenue department and after that she has to submit an application to the revenue department along with the death certificate and the legal heirship certificate to transfer the revenue records to her name.

Subsequently she can apply for name change in property records, electricity connection, water supply etc.

There's no necessity to transfer the property through registration department by registering the same on her name.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

On the basis of property tax and other available documents execute a registered relinquishment deed of the property not having document in favor mother through giving a GPA to your relative. As document for a portion of land is already there coupled with registered relinquishment deed of portion without document you will be having valid documents for the entire portion. There will be two sets of document in the name of mother, one that the there and other newly executed.

Stamp duty for relinquishment deed is fixed at Rs. 1000 and registration  fee is 2% of government  market value. Any immovable property can be relinquished/sold or purchased by person residing abroad through Special Power Attorney. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries giving SPA to any of you relatives/friend to relinquish/sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be relinquished/sold by person named.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You need to apply by producing legal heirs certificate from tehsildar office or court. And apply for legal heirs name on property card in gram Panchayat office with property papers. Kindly ask all details to gram savek who handles all this procedure of inheritance of property.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Apply for mutation of part of land in mother name 

 

2) enclose death certificate of grand parents 

 

3) latest receipt of payment of property taxes 

 

4) as far as other land is concerned if you don’t have property papers you can file suit that you are owner of property by adverse possession 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Dear Sir,

1) In respect of the part of property who's paper are available, revenue receipts etc, you will have to get the property mutated in the name of your mother.

2) A Succession Certificate which is a document issued by the Government to determine the rightful owner of an asset or a property on the event of a sudden demise of the registered owner, will have to be obtained.

3) The application will have to made to the Sub registration of land revenue for the mutation. Many states also have online portal to apply for mutation.

4) In respect of part of land whose papers are not available you will have to file case foe declaration of property as yours on basis of adverse possession under Specific relief act.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. Registration of property is not done but what is done is the registration of deed of conveyance of the title of the property.

 

2. In your case, there has been no deed of conveyance which is required to be registered.

 

3. It is only inheritance by your mother.

 

4. She shall have to collect a legal heir certificate from the Ward Councilor of her local Municipality/ Corporation to establish that she is the legal heir of the said land on which the building has been constructed.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

- You can get the certified copy of the lost documents from the office of the registrar legally. 

- Further , as your mother is only legal heir , then the property left by your grand father would be devolved upon her 

- She can apply for getting mutation of the entire property in her name after producing proofs of property and death certificate . 

- Further , if no documents available even in the office of registrar , then your mother can file a suit for declaration before the court for declaring single owner of the property . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

  • First of all you need to collate all documents pertaining to your residential house. You can obtain certified copy of documents from sub registrar office. It will suffice the purpose.
  • Simultaneously, you can apply for ‘legal heir certificate’ / ‘family member certificate’. For your knowledge, legal heir certificate recognizes the actual living heirs of the deceased person and is issued by the Tehsildar of the concerned district. You can apply online for ‘Family member certificate’ or ‘legal heir certificate’ by visiting the government’s official website of MeesSeva.
  • After you are done with the above process, you can apply for mutation (also known as transfer of patta or khata) of both parts of land in your mother’s name. As in your case, mother is the only legal heir so mutation can easily be done by way of inheritance.

Documents Check List for Mutation:

  • Application Form
  • Registered Document Copies
  • Old Pattadar Passbook/Title deed/ (Seller PPB/TD)
  • Tax Receipts if any
  • Recent Passport Size photo.
  • Signature
  • NRI proof document * (If applicant Type NRI)

As explained above, mutation (i.e. the transfer of patta or khata) is a process of updating the details of the new owner of a property in revenue records. These revenue records are maintained by civic bodies like Municipalities Corporation or Panchayat in India. As your property is a house in a village so, you may approach gram Panchayat. The same can be done through online as well by visiting the Meebhoomi portal. So, check that out.

Hope this satisfies your query! All the best!

Abhinav Srivastava
Advocate, New Delhi
33 Answers
1 Consultation

5.0 on 5.0

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