Sell Property - my father has migrated from Uttar Pradesh Sell Property - my father has migrated from Uttar Pradesh

9 months ago

Currently I am in Banglore, my father has migrated from Uttar Pradesh. He have some land in UP which we want to sell.
Issue is name on the land records is different and his ID's(Aadhar, PAN) has different name.
When he left the village for an service He was identified with an actual name but he was called in the village by different name(normally we see in these places that person known in the village by some name and in his records there will be different name).

As he was away from the village and may visit once in a year or 2, relatives there have provided his un-official name for all the govt records and same name got added to land record also.

So far the property was under his elder brothers control as he was taking care of it, now when he is retired and his brother is also no more. He go back to village to look into his property and sell it and use it for his childeren's future he is facing issue with the name. Where few relatives making statement that they will not allow him to sell the property and raise objection related to this.

2 years back I visited village with him and created some supporting documents to this as we don't wanted to change his base ID's line PAN and Aadhar.
I got the "Kutumbh registar" provided by block office and updated with his both the names (ABCD alias XYZ) and got and residence certificate issued by Tehsil office with the local address with both the names.

Can any one suggest do I need to create more supporting documents to claim the property and sell it!??

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
The documents that have been gathered by you if the same is/are admitted by the concerned authorities to change your father's name in the property record then there is no problem prima facie appears as of now. But in case the said documents are declared insufficient or unacceptable for the purpose, then you may visit the office of the District Magistrate or Collector to gather more information to resolve the issue. Sometimes, an Affidavit sworn before the 1st Class Judicial Magistrate declaring by the deponent/declarant that the ABCD and XYZ is the same and one identical person and based on that affidavit a newspaper notification is required for the purpose of correction or amendment in the name of owner in statutory documents like land records or mutation records etc. If required get in touch with an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
You need the following supporting documents

Sale Deed

It’s major evidence of the sale and transfer of property ownership from the seller to the buyer. It also acts as proof of acceptance of the sale agreement, by the buyer. It is arguably the most important legal ownership document.

RTC Extracts

Issued by the Village Accountant, this document contains details of the extent of land in a non-survey or survey number, names of the buyer and the seller, their respective holdings, and tenants’ names. It helps establish the title of land whether the property is situated on non-agricultural land, which used to be agricultural earlier.

Khata Certificate and Extracts

Basically, it’s an entry in the records of the local municipal committee and confirms that the building has been constructed as per the approved plan. It’s necessary for the registration of new property and property transfer.

Mutation Register Extracts

Just like RTC extracts, it’s used to establish a title if the building is constructed on converted land.

Payment Receipts

The original payment receipt should be collected from the builder as payment proof.

Encumbrance Certificate

In the case of resale, this certificate informs the new buyer of every transaction that has occurred since the purchase of the property from the first seller. It confirms that the title of the property is still with the current seller.

No Due Certificate

A no-due certificate from the Apartments Owners Association is needed to make sure that the owner has cleared each and every due.

Completion Certificate

It’s required to show whether the building complies with the rules relating to permissible distance from the road, building heights, etc. It makes sure that the building is constructed as per the approved plan.

Occupancy Certificate

It’s issued when the construction is completed as per the sanctioned plan and is ready for occupancy.
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