Quick facts of the matter: 1. DDA Flat was purchased by my father from the original allottee in Jan-1987 through a registered PoA. 2. Father passed away in 2005. 3. Registered relinquishment deed was executed in 2006 wherein all legal heirs of my father (my father’s mother and 2 sons) relinquished rights in the said DDA flat to my mother. 4. Today (2024), have applied for mutation / freehold of the said DDA flat in favour of my mother. ISSUE 1: DDA officer (through my agent/ consultant) is asking me to submit a copy of death certificate of my father’s mother, despite the fact that she has already relinquished her rights in the said DDA flat via registered R-Deed. I do not have the death certificate of my father’s mother (or any other related document). Father’s mother passed away in 2010. ISSUE 2: The draft of conveyance deed drafted by my agent (on the prescribed format from DDA) states the following: “ AND WHEREAS the allottee/mutattee <NAME OF ORIGINAL ALLOTTEE> had executed Power of Attorney on 03.01.1987, appointing <NAME OF MY MOTHER> wife of Late <NAME OF MY FATHER>…..” Question 1: Is the death certificate of my father’s mother really required when she has already relinquished her rights via registered R-Deed? By DDA or by potential buyers / banks in future? Question 2: What is the correct language to be used for conveyance deed depicting the actual scenario (My father who was actually the GPA holder has passed away)? My agent says this is standard way of writing in DDA cases, however this technically / legally/ factually in correct say that my mother is the attorney or the PoA by the allottee was executed in favour of my mother. Does DDA permit modification to the format prescribed for conveyance deed? Please suggest the best way.
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1. If the authorities are insisting on the death certificate of your grandmother then you may have to comply with it. You can get a copy from the municipality if her death was registered at the time of her death.
2. Since your mother was not the power agent to the original allottee, it would be incorrect to mention her name instead of your deceased father's name.
You may clarify the details before spending huge money on this.
Even after death of gpa holder if the intention in.gpa is not fulfilled same can be conducted as per the intention after death
Death certificate of your grand mother would be required
it should be read that original allottee had executed registered
POA in favour of your father
whereas your father had died intestate and on his demise other legal heirs had executed registered relinquishment deed for their share in flat
1. No. If the deed of release is accepted then there is no requirement for her death certificate at all.
2. Take help of an advocate who on the basis of available documents and facts would make the suitable drafting.
1. If the said Flat was purchased by your father through a registered POA from a third party who was the original owner , then the DDA cannot update the ownership of that Flat on that POA , as the POA is not a valid document for transfer of the property.
- Further, as the said Flat was not transferred in your fathers name legally , then presently after the demise of your father intestate your fathers death certificate is required for mutation , as she was having a share in the flat
- However, if the DDA record was already updated after the purchase of that Flat , then there is not requirement for death certificate , and the said Relinquishment deed is enough.
2. No, DDA will not allow.
Dear Client,
In the Present Scenario, your father had purchased DDA Flat from the original allottee in Jan 1987 through a registered Power of Attorney. However, your father passed away in 2005, and subsequently, a registered relinquishment deed was executed in 2006 wherein, the legal heirs of your father relinquished their rights on the flat to your mother. Presently, in 2024, you applied for mutation of the flat in favour of your mother. Herein, the DDA Officer is asking you to submit a copy of the death certificate of your father's mother, though she had already relinquished her rights via the registered deed. Further, you also do not have that certificate, as your father's mother passed away in 2010. Additionally, the draft of the conveyance deed drafted by your agent states the execution of power of attorney by the original allottee, appointing your mother for the same. Now, with respect your first query, usually a relinquishment deed is sufficient to establish the transfer of rights. Since you have the evidence for the same, it would be sufficient. However, it is possible that a death certificate may be required for procedural requirements, and on its absence, you may have to explain the situation. With respect to the second query on the standard format, generally, it is necessary that the deed accurately reflects the legal status of the parties clearly, and the purpose of the deed. However, you may modify the same, discussing with your agent.
Hope you find this answer beneficial for resolving the dispute.
