Legal Question in Real Estate Law in India
I am Tapas Ghosh from Kolkata, West Bengal and need some legal advices from you to change the ownership from the parents of my grand father to my grand father of our inherited properties which are situated at my village (under Gram Panchayat) in West Bengal.
Actually my grand father has two sisters and three brothers. Parents of my grand father had expired long days back without any will for their agricultural lands, ponds and residential houses .Also one sister and two brothers of my grand father also had expired many years back. Currently only my grand father and his one sister are alive. All brothers and sisters of my grand father have their children. Our Joint family had broken into a no of small families many years back and all the family members are scattered across the all parts of west Bengal for occupational purpose and we had divided our inherited properties among the all of our families equally internally without any papers/registration during separation time. Currently nobody has any claim for others properties which have been divided. But the ownership of these properties are still belonging to the parents of my grand father and also we lost most of papers for these properties like Deed, porcha etc.
Now I am planning to change the ownership of these properties(our part only) to my grand father name rather than his parents name. Also I want to do the mutation of these properties (our part only) for my grand father name and need the certified copy of deeds/ other related papers of these properties as we had lost all papers. But we know the
our part�s properties details like agricultural land size, dag number, Mouza (Map) and khatian numbers etc.
But main issue is that, children for my grand father's brothers families are avoiding their responsibilities and taking no ownership for this entire process. Also it is very difficult to bring all family members at a time in a place for signing purpose. I have tried multiple times but failed to do it.
We know the dag number, Mouza and khatian numbers for our all properties. These all properties are belonging to Gram Panchayat (Village).
So could you please tell me the other alternative process to do the mutation, records and to get certified copy of deeds for my grand fathers name of our part properties. Once the papers will be ok then we want to sale these properties asap as we are settled in Kolkata.
1 Answer from Attorneys
20.08.2013
Dear Sir / Madam,
Today is Raksha Bandhan ... a day where the sister professes her unending love for her brother.
Property is never retained in a deceased's name, but is immediately transferred to the surviving legal heirs on the demise of the Owner. Yes, you are absolutely right in initiating the action to transfer the title of the property to the concerned legal heir who has been allotted the part of the property.
All title papers of the property, no matter howsoever old and past, will be available with the Tehsildar / District Collector's Office (DCO). You can get certified copies of all the properties by submitting an application to the Tehsildar / DCO.
Regards,
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