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Avnish Sharma (Engineer)     26 June 2013

Intestate ancestral property division and registration

My Father got property from Grandfather three years ago in his name (not by
Registration), who is alive at present. As my father has 4 brothers and two sisters, the property was transferred in name of my father at Nagarpalika after mutual discussion between brothers and sisters. My father had paid equally a sum of money to each brother after arriving at total rate of property agreeable to all brothers and a written statement was taken from each brother that they have got a sum of money as per division and property can be transferred in name of my father. And statement was taken from sisters as well.
Now My father wants to go for registration of Property in his name and asked all brothers & sisters to come at Registrar Office for needful as per lawyer suggestion. But except one brother all are ready to come. So Is it possible to get Property registered?

Is there any law which stipulates that if Electricity Bill at Property's address comes in one's name consistently for 7 years, then property can be registered in that person's name? Because, the property is in name of my father at nagarpalika and Electricity Bill comes in my Father's name.



 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 June 2013

Is there any law which stipulates that if Electricity Bill at Property's address comes in one's name consistently for 7 years, then property can be registered in that person's name? Because, the property is in name of my father at nagarpalika and Electricity Bill comes in my Father's name.

No. There is no such law.

 

If your grandfather is alive and it is his self acquired property, then he himself alone can validly transfer the same in the name of your father. The consent of the siblings is not necessary. If it is the ancestral property then, the share of the brother cannot be transferred to your father without his consent.


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