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Manoj v desai   08 June 2016

Property

Sir I have property in surat which came to Me through will now I want to enter my name in city survey . the property was belonging to my aunty as she did not have any children's she made a will in my name she is no more and the property was purchased by her own money. She was married now my question is as she was married the property first right belongs to her husband side or the registered will which is in my name is enough to register my name in property card in Surat Gujarat pls help


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 7 Replies

adv.bharat @ PUNE (Lawyer)     08 June 2016

Sir will of property give you exclusive right of that property.

U need to apply to CSO with thie copy of will, death certificate of ur AUNTY. 

saravanan s (legal advisor)     08 June 2016

The property would devolve as per the will

Manoj v desai   08 June 2016

Thank you for your reply I applied to city survey department with death certificate and registered will and affidavit of all the legal heirs of my aunty side that the property should go to me. But the city survey officer told as your aunty was married and the property was taken after marriage all the legal heairs of husband side should sing and give so the application was regected. But as per my knowledge self acquired property can be given to any body . I don't wt to do pls advise

Manoj v desai   08 June 2016

Thank you for your reply I applied to city survey department with death certificate and registered will and affidavit of all the legal heirs of my aunty side that the property should go to me. But the city survey officer told as your aunty was married and the property was taken after marriage all the legal heairs of husband side should sing and give so the application was regected. But as per my knowledge self acquired property can be given to any body . I don't wt to do pls advise

Kumar Doab (FIN)     08 June 2016

You have posted that:

"I applied to city survey department with death certificate and registered will and affidavit of all the legal heirs of my aunty side"............................."after marriage all the legal heairs of husband side should sing"

 

The statement is bit conflicting.

After marriage the heirs of woman do include husband and children.

 

You are aware that property is self acquired and self earned and property can be disposed by WILL.

 

In case of Hindu female  dying without leaving a WILL the self earned/acquired proeprty shall devolve upon husband, children......................and in case the property is acquired from husband then upon heirs of husband if husband and children are not present.

 

Since the WILL is not probated therefore the officer has asked to get the NOC from husband (your uncle).


Look into the rules of the city council.

 

 

Manoj v desai   08 June 2016

Hello sir I will clarify the things my aunty did not have any children's I am her real sister son . she had love And affection on me so after her husband death she gave property to me through a registered will . now I want to sale this land so register will is not sufficent. I have to transfer my name in property card or city survey . so my lawyer through one of my another aunty who is Alvie that I am the legal owner of the property and the property should be transferred in my name . but the city survey officer rejected this by telling my aunty husband side are the real legal owner and I should get no objection from them. This is self acquired property so how can they come into picture. Please tell me the correct way to make this property in my name the property is in Surat Gujarat.

Manoj v desai   08 June 2016

Hello sir I will clarify the things my aunty did not have any children's I am her real sister son . she had love And affection on me so after her husband death she gave property to me through a registered will . now I want to sale this land so register will is not sufficent. I have to transfer my name in property card or city survey . so my lawyer through one of my another aunty who is Alvie that I am the legal owner of the property and the property should be transferred in my name . but the city survey officer rejected this by telling my aunty husband side are the real legal owner and I should get no objection from them. This is self acquired property so how can they come into picture. Please tell me the correct way to make this property in my name the property is in Surat Gujarat.

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