Ancestral property registration

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Querist : Anonymous (Querist)
12 May 2021

Dear Sir/Madam,

I have a ancestral property in Andhra Pradesh which is not yet registered till date(due to poor coordination between the legal heirs) in the name of my late great grandfather and We are in the possession of the said property since 30 years and above.

The Property is in the name of Late Mr. ‘A’(great grandfather) who has 5 sons(in which 4 died and 1 is alive) and 2 Daughters(in which 1 died and 1 alive) and wife also died.
Late Mr. A Family Tree
4 Sons of late Mr. ‘A’
Late Mr. B Late Mr. B has 2 Sons and 2 Daughters, all are alive and wife died (Late Mr. B is my Grand Father)
Late Mr. C Late Mr. C has no children and wife is alive
Late Mr. D Late Mr. D has 2 sons and 3 Daughters all are alive and wife is alive
Mr. E (alive) Mr. E has 3 sons and 4 Daughters, all are alive and wife died
Late Mr. F Late Mr. F has 2 wives(both are alive), 1st wife has no children and did second marriage & 2nd wife has 2 sons and 1 Daughter all are alive


2 Daughters of late Mr. ‘A’ Late Mrs. G Late Mrs. G has 3 Sons and 6 Daughters, all are alive and Husband died
Mrs. H (alive) Mrs H has 5 Sons and 2 Daughters in which 1 son & Husband was died & rest are alive



I am the grand son of Late Mr. B who had been in the possession since 30 years and above( because late Mr. A has been gifted orally the said property to my father since then we are in the possession)

Due to poor coordination between the family members we have not done any registration.

Kindly suggest legal ways to get it registered in favour my father as per Muslim Personal law(Mohammedan Law).


Thanks



Sankaranarayanan Online (Expert)
12 May 2021

First try to get the legalheir certificate and death certificates show all papers to local advocate and act accordingly


Querist : Anonymous (Querist)
12 May 2021

Good Information thanksgiving

Pradipta Nath (Expert)
12 May 2021

Agreed with the Expert!!

kavksatyanarayanaOnline (Expert)
12 May 2021

Yes. Consult a local lawyer with the death certificates of the deceased. But why kept silent these 30 years period? Is the property still in the name of your great grandfather? I think it might have been got changed or the Survey number changed. So before consulting the lawyer, you shall obtain the ROR( Pahani Copy) from the Revenue authorities.

J K AgrawalOnline (Expert)
13 May 2021

at first instance you need not to get any legal heir certificate. In fact there is no officer or court who grant a legal heir certificate. Succession certificate not applicable in your case. I do not know any law in India under which which a legal heir certificate is granted.
Just apply for mutation of record in your name as per Verbal gift to your grand father. If the concerning authority denies to mute name then it starts a legal action in proper jurisdiction on ground of oral gift + admission by other by conduct + plea of delay waiver and laches + plea of adverse possession.

P. Venu Online (Expert)
13 May 2021

Why don't you post simple facts instead of assumptions are presumptions? Please not that the concept of ancestral property is unknown to Muslim Law.

Admittedly, your grandfather has received the property by way of gift from his father. Under Muslim Law, it is not necessary that Gift (HIBA) be registered. As such the issue boils down to inheritance of property of B and its distribution among the legal heirs in accordance with the personal law applicable..

T. Kalaiselvan, Advocate Online (Expert)
13 May 2021

If the father of the donee being a Muslim, transferred his immovable proeprty to the donee by a oral gift, i.e., Hiba, then the donee being Muslim, having accepted the gift and have been residing in the property ever since this oral transfer, becomes an absolute owner of the property acquired through this oral gift.
Subsequent to the death of the donee, the property left behind by him shall be inherited by his own legal heirs/successors in interest as per Muslim personal law.
You being the grandson of the donee, may not be entitled to any share if your father/mother being a legal heir is alive and are entitled to their respective share out of the property left behind by the donee upon his intestate death.

K RajasekharanOnline (Expert)
14 May 2021

As said earlier by Adv J K Argawal, the Legal Heirship Certificate or Succession Certificate has no role in declaring succession or inheritance of property.

They are meant for collecting government dues or securities/debts of the deceased person by his/her legal heirs.

The learned advocate has pointed some strategic ways to proceed with the matter and they are some possible ways to bring this issue remaining unsettled for more than three decades to a settlement by the court.


Querist : Anonymous (Querist)
15 May 2021

Dear Sirs,

Thank you all for your valuable suggestions, In this case, how could my father(Donee's Son) or Legal heirs of Donee go for the paper work to get the said property registered at respective Sub Register Office?

J K AgrawalOnline (Expert)
16 May 2021

Draft partition among the heirs of your grandfather and get it registered with sub registrar.
If he raise any objection about title just be firm and rigid that he in not concern to title.
If your grand father alive, he can make further gift or will and get it registered.
further (in case your grand father not alive) one of heirs of grandfather file a civil suit for inheritance of property share and other will appear and accept. As such the court will pass a decree and get the decree registered before the sub registrar.
Have a smart lawyer and there may be much more ways.



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