Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Veena Dhondi (Housewife)     20 March 2015

Documents required for gift deed

Hi,

My father holds land in my village,, and in the mean while the registration has to be done, my father expired, the land is not registered. 

The land property was inherited from my grand father. we have tax paid receipts in my fathers name which my father paid.

Now we dont have registration of the land and my mother wants to distribute the property between us, as a gift deed from my father, is it possibile and what are the documents needed for it ..

Thanks, 

VD



Learning

 6 Replies

laxmi kant joshi (instructor)     20 March 2015

The property is still in your grand fathers name because your father failed to get mutation in his name, hence your mother cannot tansfer that land in favour of you because she is not the owner of that land, the land is not in her name .

Suneet Gupta (www.vashiadvocates.com)     21 March 2015

This is a clear case of ancestral property. All of you can file for a Succession Certificate for your father in the Civil Court, which has jurisdiction over the place where your father last resided.

You have to show that your father inherited the land from your grand father and that you are his valid heirs entitled to transfer of the land. You can also ask for mutual partition by some heirs renouncing their rights in court. Alternatively you can file for a succession certificate for your Grandfather.

If you are based near Navi Mumbai you can contact me through a PM.

Jaya Pathak (Paralegal)     21 March 2015

Ancestral property cannot be gifted.....

 

Suneet Gupta (www.vashiadvocates.com)     21 March 2015

Even though the Ancestral land cannot be gifted the legal heirs can divide it among themselves by filing a renunciation affidavit in the court during Succession Certificate proceedings. By this procedure, the land can be effectively gifted by one heir to the other.

T. Kalaiselvan, Advocate (Advocate)     22 March 2015

The landed property still remains in grandfather's name will devolve on all his legal heirs of which one of them is your father.  Now the share of your father will equally devolve on all his own legal heirs which includes his wife, children and his mother.  Now you have to ascertain your grandfather's legal heirs and their shares after which out of your father's legitimate share, you and your mother, brothers and sisters can partition or amicably settle the issue by executing a registered release deed relinquishing their rights by whomsoever who wish to do so in favor of any of the legal heirs of their choice.  For further details, you may take the assistance of a local lawyer and proceed as per his advise/guidance.

Veena Dhondi (Housewife)     22 March 2015

Thank u all for ur valuable suggestion.. However, here comes tha main problem.. there was a huge land with the three survey numbers ex.1,2 &3 which my grand father and his two brothers bought long back.. and were divided between three brothers.. so currently the total land is on three grand fathers name.. in which the plots belonging to survey numver 1 belongs to my grand father which my grand father has given it to my father and uncle(father's brother). there is will written by my grand father clearly stating the plots which he wanted to give it his sons.. now neither my grand fathers are alive nor my father and uncle..now by what way we can gwt the plots registered by my name and sisters. documents which we have are 1. Grand fathers Will 2. affivit or a document which my grand father has made stating that he is the real father of my father and uncle and partition of property between the two 3. plots construction Permission letter which my father got it from gram panchayat on his name 4. property tax which we are paying is on my fathers name 5. Death ceritificate of my father 6. Familiy member certificate. Awaiting response, Thanks VD

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