Quick facts of the matter: 1. DDA Flat was purchased by my father from the original allottee in Jan-1987 through a registered PoA. 2. Father passed away in 2005. 3. Registered relinquishment deed was executed in 2006 wherein all legal heirs of my father (my father’s mother and 2 sons) relinquished rights in the said DDA flat to my mother. 4. Today (2024), have applied for mutation / freehold of the said DDA flat in favour of my mother. ISSUE 1: DDA officer (through my agent/ consultant) is asking me to submit a copy of death certificate of my father’s mother, despite the fact that she has already relinquished her rights in the said DDA flat via registered R-Deed. I do not have the death certificate of my father’s mother (or any other related document). Father’s mother passed away in 2010. ISSUE 2: The draft of conveyance deed drafted by my agent (on the prescribed format from DDA) states the following: “ AND WHEREAS the allottee/mutattee <NAME OF ORIGINAL ALLOTTEE> had executed Power of Attorney on 03.01.1987, appointing <NAME OF MY MOTHER> wife of Late <NAME OF MY FATHER>…..” Question 1: Is the death certificate of my father’s mother really required when she has already relinquished her rights via registered R-Deed? By DDA or by potential buyers / banks in future? Question 2: What is the correct language to be used for conveyance deed depicting the actual scenario (My father who was actually the GPA holder has passed away)? My agent says this is standard way of writing in DDA cases, however this technically / legally/ factually in correct say that my mother is the attorney or the PoA by the allottee was executed in favour of my mother. Does DDA permit modification to the format prescribed for conveyance deed? Please suggest the best way.
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1. If the authorities are insisting on the death certificate of your grandmother then you may have to comply with it. You can get a copy from the municipality if her death was registered at the time of her death.
2. Since your mother was not the power agent to the original allottee, it would be incorrect to mention her name instead of your deceased father's name.
You may clarify the details before spending huge money on this.
Even after death of gpa holder if the intention in.gpa is not fulfilled same can be conducted as per the intention after death
Death certificate of your grand mother would be required
it should be read that original allottee had executed registered
POA in favour of your father
whereas your father had died intestate and on his demise other legal heirs had executed registered relinquishment deed for their share in flat
1. No. If the deed of release is accepted then there is no requirement for her death certificate at all.
2. Take help of an advocate who on the basis of available documents and facts would make the suitable drafting.
