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Preetha (Admin)     27 June 2011

Suggestion to register property



This is with reference to my grand parent's property. My grand parent's had 5 Children (4 Male) and 1 (Female).We all were in a joint family till my granny's death. She died in the year

1990. After that the property was taken care by Mother. In the year 2002 my mother demolished the entire property and constructed the house. Since it was in a very bad condition.2 Uncles are no more. We have paid the taxes upto date. We wanted to register in my mother's name. Please suggest how we go about it.




 14 Replies

Darshan Panchal (Advocate)     27 June 2011

 u said 2 uncles r no more if i read right. that means two r alive. get them release their rights in favour of ur mother. take a declaration. produce a pedigree before the revenue authority alongwith an application that we r the legal heirs and other heirs have released their share in ur mom's favour. I wonder while reconstructing the house at ur mom's presence, did ur uncle give any writing?. since ur mom will have to pay ur uncles for releasing their rights.

Shashikant V. Patil (Lawyer)     27 June 2011

The said property will passed as per HSA 1956, by succession, i.e Your Grand Father and Grand mother expired and it devolves to their 4 sons 1 daughter  in first stage, and out of 4  sons , 2 are no more, means it devolves mainly 2 sons  1 daughter and legal heirs of 2 deceased sons .  Likewise their inheritance rights creacted first , .  Because , firstly  your father has to inherit the property . Therefore   your mom's name will not come right now in the record.  This is as per sucession comes as Schedule I  and Schedule II  mentioned in Hindu Succession Act 1956.  

Preetha (Admin)     27 June 2011


Both of them are well settled. Before constructing the house we had spoken to them and they were not interested in that property. More over I have all the documents. Including the death certificates of my grand parents. Should I consult any lawyer to get the written statement? Please suggest.



Shashikant V. Patil (Lawyer)     27 June 2011

Since your grandparents expired (intestate), the property devovles as above I stated in supra.  Therefore, you first submit the death certificates of grandparents alongwith the heirship certificates  alongwith your both uncles death certificates and their heirshlp certificate to the City Survey Dept. and get entered all names, out of which your granparents names and your both uncles name will be deleted and names of all successors will remained on the  property card.  Then further starts your exercise, i.e get relinquished deed registered from your's uncle (deceased ) heirs and alive uncle in your father's favour .  After that your father will be sole owner and your father later on can execute the gift deed in your mother's name. You also consult Lawyer for this task, because there are documentation  part to be carried out . 

Preetha (Admin)     27 June 2011



I don’t have my father. I have a elder brother. More ever i have only my grand parent's death certificates. I don’t have my uncles death certificate because we not in touch with them.






Shashikant V. Patil (Lawyer)     27 June 2011

I am regret to say but , you should have clearly states in the query about your father's demise.  Now you have to obtain death certificate of your father too for entering your name as a  heirs of your father (son , daughter and wife), you have to do this legal formalities first , then only you can go for next course of action i.e. to make this property in your mother's name by executing release deeds by all of you incl. you , your brother, your alive uncle, and then legal heir of deceased uncle shall requlired to sign.  Even though your family are not in touch with them, this is a legal necessity.

riddhi (nil)     27 June 2011

hello my sister married before 2 yrs back and now court matter is going on since 2 yrs and her maintainance has been passed bt there in laws nt giving and her husband have property bt it is not registered can her wife register his name in property? can wife sign on behalf of her husband?

Shashikant V. Patil (Lawyer)     28 June 2011

Dear Riddhi,

It seems that , your sister is separated from her husband and getting maintenance.  Also which sorts of court cases are pending in the court are not clear.  If there is no  divorce , she is entitled to share only her husband's property.

riddhi (nil)     28 June 2011

gud evening sir. sir she doesn't get divorce. And her husband filed case of divorce and he left india before 2 yrs and my sister goes in court and maintainance has been passed in divorce matter "vach gada nu" bolte hai woh pass hua hai abhi tak main "125" main baki hai and unke husband ki property hai bt unke husband ka proprty card main naam nahi hai to kya meri sis apne husband ka naam register karva sakti hai? uska legally right ye hai ki as unke husband property sell nahi kare bcoz saara sitridhan unke pass hai and they are not giving.

Shashikant V. Patil (Lawyer)     29 June 2011

Your sister's husband filed a case for divorce and he left India since 2 yrs.  If  her husband not physically present in Indian court , how that case is proceeding?, you may tell your advocate to dismissed it.  Your sister is still legally wedded wife of his husband, so she is very much entitle to share your husband's property,  and since your wife's  in-laws are alive and if joint family existed, it is not feasible  for your sister to enter his husband's name in the property until there is a partition in their family.

riddhi (nil)     29 June 2011

hello sir can you explain if she dismiss than wht will happen and wht's the benefit and still in 125 matter order is pending and if she dismiss than wht will happen? If you dont have problem can you give your contact no so my parents can call you and talk with you freely

Shashikant V. Patil (Lawyer)     30 June 2011

My mobile no. 9922958825.

Audry Fernandes (nil)     02 July 2011

Preetha has not stated whether her mother is the daughter or daughter-in-law of  her grandparents.

The responses above have been given assuming she is the daughter-inlaw.

If she is the daughter then the question of Preetha's father's demise and share does not arise. Preetha should clarify this point so that a proper response can be given.

Shashikant V. Patil (Lawyer)     02 July 2011

Dear Audry Fernandes,

If Preetha's mother is a daughter, then her query could not have come.  Hence Please read carefully.  Queriest does not necessary that they express in a lucid manner, but the sense of what is  their question and solution of  advise is expected to them  is to understand.

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