LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Baaji   07 February 2017

Proof of ownership

Experts please help me...

My brother registered our property which was  bought by my grandfather to his family members  by saying that he acquired that property according to the will written in his favour by my grandfather.

When i approached the registrars office ,they in written answered me that he has not submitted any paper/document relating to that registration

With out prooving his ownership / without submitting any document with his ownership how can he able to register that property..

Is that registration valid?



Learning

 3 Replies

Kumar Doab (FIN)     07 February 2017

As already posted in the above mentioned thread, that

‘The WILL that is being flaunted should be valid and is to be acted upon. You can contest the WILL and decline to sign any NOC if you are doubtful. The property that is not disposed by a valid and acted upon WILL is to be shared equally by all ClassI legal heirs. Your father share shall devolve upon his ClassI legal heirs i.e; Mother, Wife, Sons, Daughters…………’  


Only an owner can transfer.

If our brother was not owner he cannot transfer.

It is surprising how Registering Authority can register without your brother being an owner.

Kumar Doab (FIN)     07 February 2017

Usually the authority/official/office under whose jurisdiction property falls say Patwaari, have duly prescribed procedure in case a WILL is presented:

And accordingly, can ask for certified copy of the WILL, death certificate, Legal heir certificate, NOC from all (other) legal heirs, ID proofs, advertisement in newspapers etc etc ………………….. before transferring ownership in favor of beneficiary.

If authority per applicable procedure accepts then ownership is transferred on the basis of duly acted upon WILL and entered in mutation records (say Fard).

 

If WILL is not valid or contested it may land up in probate court.

 

You have posted that you have never signed the NOC in case of WILL by your grandfather.

Apparently your father was alive at that time and he never signed any NOC.

 

If the WILL was acted upon in some fraudulent manner you can contest it.

You may obtain the latest fard and all, linked documents from O/o authority/official/office under whose jurisdiction property falls say Patwaari.

 

You may better approach a very able counsel specializing in Property/civil matters at our location and show all docs on record and inputs for a considered opinion.

 

As it can be guessed from various threads initiated by you: You have hostile relatives and if all efforts for an amicable settlement have failed then it seems that you shall have knock at the doors of court of law.

  

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query