His Father Died Without a Will. The Property Was in Grandfather's Name. No One Knew How to Get It Transferred.
About the Client
A 40-year-old government school teacher’s father had passed away in 2019, leaving behind a 500 sq yard residential plot in Gurgaon's old city area near Sadar Bazaar with a small house where the client and his mother still lived.
What Was the Problem
The property was still registered on his grandfather's name — who had passed away in 1998. Neither the grandfather nor the father had written a will. No transfer or mutation had ever been done. The client needed to sell the property for settle in London forever with his mother.
He had visited the Tehsildar's office, a property dealer, and two other lawyers. Everyone gave different advice. He had been running around for 8 months with no progress.
What Made This Case Difficult
- Two generations of transfer were pending, grandfather to father, then father to client
- No will existed for any generation
- The grandfather had four legal heirs, the client's father and three uncles
- Two uncles were alive in Jaipur and Lucknow, their consent was needed
- One uncle had passed away, leaving behind two children who were also legal heirs
- Original property documents from 1975 were missing
How SPJ Advocates Handled It
Step 1 — Legal Heir Certificates
- Applied for Legal Heir Certificate for the grandfather at the SDM office
- Applied for a separate certificate for the deceased uncle
- Both were issued within 45 days
Step 2 — Consent From All Legal Heirs
- Contacted both surviving uncles in Jaipur and Lucknow
- Drafted Relinquishment Deeds where both uncles gave up their share
- The deceased uncle's two children also signed Relinquishment Deeds
- All four deeds were registered at respective Sub-Registrar offices
Step 3 — Duplicate Property Documents
- Obtained certified copies from Gurgaon Municipal Corporation and Tehsildar
- Published newspaper notice declaring originals as lost — no objections received
Step 4 — Mutation and Registration
- Applied for mutation transferring property from grandfather's name to the client's name
- Mutation approved within 60 days
- Cleared all pending property tax (₹35,000) for 2017-2024
- Updated Municipal Corporation records, water, and electricity connections
Step 5 — Securing Mother's Rights
- Drafted a Will giving the mother a life estate in the property
- Registered the Will at the Sub-Registrar's office
The Result
SPJ Advocates worked on this case for 4 months and successfully got the property transferred to the client's name. This property registration case was too complicated and the process too time consuming that almost every lawyer refused to take.But we did it. The Client was extremely happy and now he is settled in London.
Property stuck in a deceased family member's name? Don't waste months running from office to office. Let SPJ Advocates handle the entire transfer process for you.
📞 Call : +91-8920245815
