No original property documents
Hi,
My father passed very recently & unexpectedly & had built a house in our native in 1999. Since I had married outside my community, the family broke off all relations \ communications with us. however my mother & siblings have come forward and want to me take up the responsibilities of the family. While checking out the house & other property \ asset documents, we managed to locate only the xerox of the house deed and the original of the land’s sale deed. (on which the house was built). I am aware that we will have to obtain a certified copy from sub registrars office and also encumberance certificate. The main concern is I am not sure if my father has any liabilities or debts to be repaid. I will be glad to take ownership of this but I want the actual \ accurate figures. How do I proceed?
thank you in advance.
3 Replies
Assuming that the property was your dad’s self acquired property, title in it will devolve on the heirs either testate or intestate - i.e. either through a Will or through operation of law (in the absence of a Will). You cannot “take” ownership of the house. If there is no will, your dad’s first class heirs (i.e. your dad’s mother, your mother, your siblings and you become joint owners of the immoveable property.
You will become liable for the debts of the estate to the extent of the value of the property you inherit. The extent of liability can only be known through the creditors. The Encumbrance Certificate will reflect whether there is a registered mortgage or not. The fact that you do not have the originals means that the property has probably been mortgaged by a deposit of title deeds.
Thank you for the clarification.
I just want the property\estate to go into the hands of my mother & sister. So my next step is apply for encumberence certificate to assess any liability? If there is no liability, will I still be able to obtain a certified copy of the title deeds?
Thanks again!
You can apply for a certified copy irrespective of whether there is a liability on the property or not. If you have inherited the property jointly along with your mother and siblings, and you do not want a share in the property, you can execute either a gift deed or a release deed gifting or releasing your share to whom you choose.
Legal Dodo