Transfer of Property
1 year ago
My father had bought & build a house in Delhi. My father was the sole owner of the property. He had expired in 2011. He has not made any will for transfer of the ownership. Now my mother & we all his children are legal heirs to the property. Our all of us are staying very far off & is not possible to assemble for transfer of the property specially my mother who bed ridden & cannot be brought to at any cost to Delhi. Many of the legal heirs wants to forgo their share of the property also. Please advise how to transfer the ownership avoiding travelling specially in case of my mother who is 93 years old and completely bedridden. What legalities are involved in getting the same done?
If the other legal heirs like to offer you their NOC for waiving their rights to the property, they may do the same. All of them are able to grant you Power of Attorney through an advocate, which will enable you to sell and transfer the property without having to send anybody else on a trip. Hope this helps.
All of the other legal heirs can give their NOC to you for relinquishing their rights over the property if they want to.
All of them can also make Power of Attorney to you through an advocate, then you will be able to Transfer and sell the property by yourself and nobody would have to travel.
Thanks & Regards
You need to file a civil suit for claiming succession certificate on behalf of your mother and all other existing legal heirs of your deceased father against the said property of your deceased father. You will be the sole applicant and others will provide you a no objection certificate in writing and duly notarized from the competent court. You have to produce those NOCs before the learned court where you will be applying for grant of succession certificate. After completing all the legal procedures as per the direction of the learned court, the succession certificate will be granted to you. Then kindly ask all the legal heirs to execute separate Power of Attorneys in your favour giving you the right to sell, rent, lease or any other transaction against the said property on their behalf. For further query, you need to have a direct consultation with an advocate who deals with land and real estate matters.
Thanks and Regards
Simi Paul
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