Sell Property - my father has migrated from Uttar Pradesh
8 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!??
To sell any property the status of the title of the land owner or property owner is verified from the Deed of Conveyance, Court searching for encumbrance, mutation record of land deptt. property tax receipt,, khata number, plot no. etc. So, if the name of your father differs in all these statutory documents then you need to correct a series of documents which may or may not be possible especially when you are not interested to change the base ID's like PAN, or Aadhar. Based on the entry in the "Kutumbh register" of land deptt. and residential certificate you may not be able to satisfy a buyer to sell or dispose of the property. Moreover, few relatives have already raised their objections against the sale of the property. So, in the prevailing situation, you need to consult with a local Advocate for guidance and steps.
You can use the following support documents to claim the property
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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