Legal Question in Real Estate Law in Arizona

Papers Required to Own an Inherited House in India

Question on Papers Required to Own an Inherited House

Hello,

My grandmother holds property worth Rs.1 crore in her name, and I am her only heir. She recently handed me the property papers containing the following:

- Sales Deed of buying the house in her name from the Original Seller (stamp paper)

- Map of the house approved by GDA

- Some bills we paid to Gaziabad Development Authority

- Utilitity bills (all in her name)

- Phone bill (in the name of the original owner

- An old will appointing some of my uncles as executors of her property for me

She has given me all the original papers for above, which were initially in custody of my uncle (my late father�s cousin brother). There were no registration papers or Power of Attorney papers and her will allowed all my uncles to execute her belongings in my name in future (I am the only child of her only son). I wanted to check if by mere fact of possessing these documents the house will be directly transferred to me or do I need to ask my grandmother to ask my uncles if they have retained any other property papers (I will be a little skeptical of trusting them because of some past experiences). Do I need to get some more papers in my name or will I be or my grandmother b


Asked on 11/14/06, 8:29 am

3 Answers from Attorneys

D. M. Bhalla D.M LAW CHAMBER

Re: Papers Required to Own an Inherited House in India

Mere retention of documents in your possession does not make you the owner of a property. You need to have a transfer of title either through inheritance or by documentation. since you are not sure about the trustworthiness of your relatives, better ask your grandmother to execute a registered Will in your favour or best would be to get transfer deed of the properties in your favour legally for which the stamp duty is less in case of transfer in favour of a blood relation. For further querries, you may contact me directly on my contact numbers - 9811062868, 64548050.

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Answered on 11/14/06, 3:06 pm

Re: Papers Required to Own an Inherited House in India

dear sir,

merely by handingover of property papers by your grandmother doesnot confer any inheritance right to you.you may ask your grandmother to execute WILL in your favour and also to get the same registered before registrar.

In case of any other query/assistance you may cal on 9873343288(delhi).

thanks.

siddharth srivastava

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Answered on 11/14/06, 11:59 pm
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Papers Required to Own an Inherited House in India

In response to your query, check the following.

1.Original Sale Deed Papers,

2.Previous Sale deed Papers,

3.Encumbrance Certificate to be applied to till date from the day of purchase or 40 years to till date.

4. khatha Certificate of property from municipal corporation,

5. khatha extract from the municipal corporation.

6. Tax paid receipts for all the years,

7. Survey sketch from the Survey Department concerning your jurisdiction.

8. Old construction licenced plan of house or building.

9. is the will registered, check if not get gift deed registered in your name, if it is costly then go for will registration taking your grandmother with two local witnesses who will see her sign and vouch that it is given to you. and there are no other legal heirs.

10. obtain birth certificate from government office of yours, and if your father birth certificate if possible.

It is better that she attends the Sub-Registrar's office for registrarion of property in your name.

check all these and meet property dealing advocate to guide you. It may cost you a little bit, but it is better to have one Advocate who is known to you.

regards.

B.Balasubramanya.

Advocate.

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Answered on 11/15/06, 12:53 am


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