If you have all current year mutation papers on all legal heirs name, then you can registered relinquish deed on your name a release mother's share. Here you need to show the legal heirs certificate and all mutation share ratio. Original sale deed is not necessary which your father has performed in past. Inheritance property papers are require after your father death. Death Certificate of your father and property papers, legal heirs certificate.
Who gets to hold the property documents after father's death
My father died in 2003 when i (son) was 18 years old, leaving behind me, my mother and 3 elder sisters. After the death of my father my 1st elder sister took all the property documents which where in my father's name and kept it in her house. Now my mother wants to release her share of the properties(1/5th) to me, but my elder sister is not willing to give us the original document. How can we register a share release deed in this case without the original property document? Kindly let us know.
Asked 4 years ago in Property Law
Religion: Hindu
39 Answers
Your mother , you and your siblings should issue legal notice to sister to hand over original documents of title
2) if she refuses file police complaint against her for criminal breach of trust under section 406 of IPC
After the death of your father, his estate will devolve automatically upon all his legal heirs in equal measure, if he has not left any Will. If your grandmother is alive, she also shall be entitled to a share. If not, all the five of you shall inherit 1/5th share each. If you have a copy of the property document in your father's name, your mother can very well incorporate all the relevant facts in her deed of relinquishment to be executed in your favour forgoing her 1/5th share and get it registered. Only your father's death certificate and legal heirs certificate need to be produced for registration, along with proofs of identity. The original title deed in your father's name is not required for registering the deed of relinquishment. If you do not have a copy of the title deed, ask your sister to provide you with one. If she refuses to oblige, you may have to send her a legal notice, followed by a paper insertion cautioning the public in dealing with your father's property based on your sister's claim.
1. Serve a Legal Notice to Sister to return all documents relating to Father's property. IF this does not work, THEN hire services of a local Property Lawyer and obtain "Certified Copy" documents of all property of Father.
2. Based on above, you may proceed to execute the Release Deed proceedings.
3. IF all above does not work, THEN file Civil Court suit, for claiming your share of Father's property and implead the sister as a necessary party. This will make the things settle down in your favor.
Please approach Land Records department of of your region in the State of Tamilnadu and apply for certified true copies of your land from office of Tehsildar, Land Records department.
As per record, Please take a decision.
It is the mother,Elder son or daughter who are Major in age to hold and keep the documents.
For execution of release deed original title documents are not required. In case you have probably remember the year of purchase by your father, you can get the index of book no.1 inspected and obtain the registration details and thereafter apply for certified copy of the same. On getting the certified copy you can get drafted the release deed. After that all the legal heirs file a suit for declaration, possession, partition and consequential relief. Its better to hire a lawyer locally practising in concerned sub registrar office and get the needful done.
1. In case your sister refuses to share the original documents of the property, you can get a certified copy of the sale deed from the jurisdictional Sub Registrar's Office.
2. Certified document is as good as the original one.
3. Your mother can release her 1/5th share in the property in your favour by executing a registered Release Deed relinquishing her 1/5th share in your favour. This execution of registered Release Deed be executed in the jurisdictional Sub Registrar's Office, by making use of the certified copy of the sale deed, which you can obtain from the Sub-Registrar's Office.
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To execute release deed, no need of property document but detail of sale deed will need. Obtain certified copy of sale deed from sub registrar office.
And to recover documents, can file case in court or try by filing theft complaint to police.
Thank you for all your response sir. A certified copy can be obtained by filing a FIR, prepare affidavit and apply in registrar office. How is it possible for us to file a FIR saying that I don't have the property document when I know that my sister has it? Kindly let me know if normal 'Copy of the document' is enough or we require 'Certified copy of the document' which involves more steps like filing FIR, etc
Asked 4 years ago
You should first issue legal notice to sister to hand over original documents
2) you need certified copy of documents if originals are lost
Any local lawyer will obtain certified copy of it without FIR.
Copy is enough to execute release fees.
you can simply get the FIR lodged by stating that you lost the original papers
You can give NC against your sister and ask to produce original papers to her this is one option. Check what answer she gives in the police station, so she tells that she do not have original documents than raise FIR of loss sale deed.
1. Keeping original deeds with someone does not make her the absolute title holder of the same.
In other words even if she withheld the deed you continue to remain its undivided 1/5th share holder and your mother similarly release her 1/5th share in your favour.
2. If the original deeds are not shared with you at all by your sister then from the Registration office you can always get hold of its certified copy for which FIR need not be registered.
So do accordingly.
Title documents like sale deed, gift deed, release deed are registered in book no.1 and book no.1 is a public document and anybody can search it and obtain certified copy. However, take the help of local lawyer. No need to file FIR. Documents are not lost but are with your sister. Even normal copy is enough required to draft release deed.
Dear Sir,
Even if you don't lodge the FIR, you may apply for the certified copy of the said original documents from registrar's office.
Put a newspaper advertisement not to deal with the property. Apply for certified copy and get the release deed done.
Regards
G.Rajaganapathy
High Court of Madras
- As per law, after the death of your father intestate , his property would be devolved upon all the legal heirs i.e. mother , you and three sisters equally.
- However, as per Supreme Court judgement , if the property was an ancestral property , then legally after the death of your father in 2003 , your sisters cannot claim any share over the property left by your father.
- Further , after the death of your father , his documents should by lying with the mother.
- Further , legally your mother is having her right to release her share in your favour , and none can objected the same.
- However , if your elder sister is not giving the said documents , then your mother can take certified copy from the office of the registrar legally , and this can be used for all the purposes.
- No need to file an FIR against the elder sister , maximum you can send a legal notice for asking the same.
- Further , your mother should registered a Relinquishment deed in your favour for leaving her share in your name.
Good luck and dont forget to rating Positively.
1.To obtain a certified copy of the sale deed from the jurisdictional Sub Registrar's Office, you need not have to file FIR, etc. As one of the co-owners of the property, you can approach the SR Office and fill the form and if needed carry your Photo ID, showing your father's name, a copy of family tree or legal heirship certificate and apply for it.
2. Alternatively, being a co-owner, you are legally entitled to have copies of sale deed and other connected documents and try to obtain the same from your sister. If she refuses to provide you with the copies of your father's property documents, send a legal notice to resolve the issue.
A certified copy of the property document has to be obtained from the Sub-Registrar's Office. For getting the certified copy, you have to provide them with the document no. and the date of registration. You can get these details even from a copy of the title deed standing in your father's name. No affidavit is necessary for applying for a certified copy. Ask your sister for a copy of the title deed. If she does not cooperate, follow the steps suggested in my earlier reply.
There is no such provision but if someone is withelding then you can seek it from registrar office if registered or through court by filing suit
FIR is not required to obtain copy.
You may request the competent authorities to make available certified true copies of land records as heirs. Produce your identity with your application and get the certificate of land records. Simple and easy.No FIR.
A certified copy of the property can be obtained from the registrar office. Then a partition suit should be filed against all the shareholders and the court will partition the property.
You don't have to register an fir. Simply engage an advocate and obtain a copy.
The property is to be settled by family settement. If your sister is not agreeing then you have no option than to file a suit for partition by metes and bounds.After obtaining preliminary decree you file execution.
For certified copy you don't need to register FIR, you can obtain certified copies from Jurisdictional SRO.
Certified copy would be good in this matter.
You first issue a legal notice to your sister to return the original title documents which is required for partition of property.
Failing to respond, you may apply for certified registration copy of the property document and file a partition suit.
In the meantime, if your mother is desirous of giving away her share in the property to you, then she should execute a registered settlement deed in respect of share in the property to your name.
Please remember that she cannot execute a registered release deed relinquishing her rights in the property to a single person, once she relinquishes her rights, then the entire property shall be divided into four shares and not that you will be entitled to 2/5th share in it.
Therefore in the suit for partition, on the basis of the registered settlement deed of her share by your mother in your favor, you can seek 2/5th share in the property
For obtaining certified copy you dont need to produce a copy of FIR.
The legal notice issued to our sister shall be an evidence to prove that the original is held by her.
Or else you can give a complaint against her for stealing the original document and get a FIR registered.
This is a decision to be taken on the basis of the prevailing circumstances, you cannot be spoon fed about each and every steps that are to be taken on the spot, you can take a decision based on the necessity.
1.Prevailing my previous questions, I have obtained the certified copy from the SRO, but now the registrar says that he cannot register the release deed in my favour, without the original sale deed. He says certified copy of the document is not enough. (Also my local advocate says the same, without original cannot register release deed) 2.Moreover when I tried to file a complaint for lost sale deed in the local police station, they told me that only if all the legal heirs sign the complaint letter they can file FIR. Kindly let me know what else can be done in this case. Is there any other way to get the sale deed from my sister? or any other step to get the release deed executed?
Asked 4 years ago
You have to publish in newspapers that you have lost Original documents and anyone who has claim over the property, come forward and claim the same.
After two weeks time of publication, prepare release deed and get executed before competent authorities.
Issue legal notice to sister to hand over original documents of title
file poluce complaint against her under section 406 of IPC for criminal breach of trust
1. Yes, it is pertinent to have original title deed to execute the registered release deed. If you cannot obtain it then you may have to approach court with a suit seeking direction to the concerned registrar to register the same without the original deed for the reasons you may rely upon.
2. Everyone will be speaking the rules when you approach them innocently.
In this situation you may get a respite only through court by filing appropriate suit for partition and separate possession of your share after which you can get your share transferred to your mother or anyone of your choice.
You need to file FIR in a position of the present status. And later obtain order from the court to get it registered.
Nothing like this, only copy of sale deed is rewuire to register release deed and not original and certified copy is valid.
Any heir can file missing complaint. Police is evading.
To claim document from sister have to file case in court and complain to DG Stamp, registrar cannot refuse certified copy.
Lodge complaint against your sister before jurisdiction police station.
1. Insisting on the original sale deed standing in the name of your deceased father for registering the deed of relinquishment is not fair on the part of the sub-registrar, more so when you produce a certified copy. Hope you have explained all the relevant facts to him. If possible, meet the district registrar and explain the situation to him. If he is not helpful, lodge a written complaint with the inspector general of registration. If nothing works, you may have to approach the high court under its Writ jurisdiction for necessary directions to the sub-registrar. Meanwhile, send out a legal notice to your sister asking her to produce the original document for the purpose of registering the deed of relinquishment in your favour.
2. Police complaint at this stage is not necessary. Please resort to civil remedy.
1. File FIR mentioning that original is lost.
2. Make a representation to the higher police officials.
You are suggested to lodge the online complaint for the missing documents.
- You can issue a legal notice to your elder sister to give the original papers for performing some important work.
- As after the death of your father , you are also a equal claimant of the property left by him.
- Hence, if she is not ready , then you can file a case against her and to partition of the property as well.
You should lodge an FIR immediately against her for withholding an important document. This fir copy should be sufficient to get you relief.