Missing relinquishment deed
I am planning to purchase a property in Delhi. The sellers state that their father expired in 1998 and after his death, DDA vide mutation letter of June 1999 ( which I have copy of and which is stated to be original) substituted the name of one of his sons as coowner of unspecified share . The mutation letter states that the substitution has been done ‘ on the basis of documents furnished by the applicant and other legal heirs . ‘In August 1999 the Conveyance Deed ( of which I have a copy and which is stated to be there with the sellers in original) in favour of the 3 coowners ( including the substituted son ) was executed and Registered by DDA.
Apparently there was no Will and in all probability DDA mutated the property only after obtaining registered Relinquishment Deeds from all legal heirs. The sellers state that they don’t have even a photocopy of the relinquishment deeds or documents submitted to DDA in 1999.
Now assuming DDA has followed due process and effected the substitution of the son only after obtaining relinquishment deeds of all legal heirs ( which is apparently a mandatory requirement for mutation in no Will cases ) and later, acting on the mutation, executed Conveyance Deeds.
On my request, the sellers are trying to get copies of relinquishment deeds/ other documents that enabled the 1999 mutation.
My question is that should I , as a cautious buyer, (assuming the 1999 relinquishment deed/ other documents are not found ) go ahead ? Would the mutation letter and Conveyance Deed be sufficient? Will I have any problem when I sell the property after a few years?
Also, can any legal heir challenge the mutation/ conveyance deed after 23 years? I know limitation period of 12 years runs from date of knowledge but on a practical level is there much risk ?
Will appreciate your opinions.
Thanks
Asked 4 years ago in Property Law
Religion: Sikh