Legal Question in Intellectual Property in India

pressed for time on sale of property of deceased

My father passed away in November 2002. He had property in Navsari, Gujerat and had given power of attorney to the caregiver there to run the place. Since his death we have been informed by a cousin of ours that we had a time of 90 days to send through a copy of the death certificate with our signatures to claim the property or it will be given away to the state. In front of the property is a shop and this shop owner has prposed to buid a store room to the state can he do this? Also we fear that the request from my cousin about us submitting the death certificate and our signatures would entitle him to do as he pleases and he will then use the documentation to get the property for himself. Could you please advise us? Is there a time constraint on changing the owenership of the property?


Asked on 2/03/03, 3:54 am

3 Answers from Attorneys
Kamal Verma Kamal V. Verma & Associates

Re: pressed for time on sale of property of deceased

If there is no WILL, then the property belongs to

you and your brothers / sisters / mother etc.

Regarding pressing for time on sale of property of

your father, there is no law which provides for

time limit for mutation of property. There is no

need to give death certificate & your signature to

your cousin as you fear that he may misappropriate

property of your father.

If you need any further assistance, please feel

free to contact at my below address to solve your

local problem.

KAMAL V. VERMA & CO.

[ADVOCATES, TRADEMARKS & PATENT ATTORNEYS],

T.H.X. - 48,

ADIPUR - KUTCH,

GUJARAT- 370 205,

INDIA.

TEL. : 0091-2836-262010.

FAX : 0091-2836-262010.

E-mail : [email protected]

Read more
Answered on 2/04/03, 9:36 am
Shrichand Nahar S.V.Nahar, Advocate

Re: pressed for time on sale of property of deceased

You did not specify nature of property held by your deceased father - freehold absolute ownership, lease from private person, lease from Government etc.

If the property is a freehold absolute property of your father - then there will not be any time restrain for mutation of names of heirs of your father. Certain local law provides for a nominal penalty for delay in mutation of names of heirs - which in most of the cases is less than Rs.100/-.

Read more
Answered on 2/03/03, 6:48 am
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: pressed for time on sale of property of deceased

he power of attorney given to caretaker is no longer valid. The property is now yours ( and other legal representatives, if you have no other brothers / sisters and your father did not execute any will. The property will not lapse into the government. Your tenant cannot do anything without your consent. If he makes any construction, you can proceed against him in court of law. Please meet a local lawyer if such a situation arises. No need to send any consent or signatures, unless there is any special need.

Read more
Answered on 2/03/03, 8:11 am


Related Questions & Answers

More Intellectual Property questions and answers in India