Hi All, I have couple of queries regarding our properties for which i seek your expert advise: Query no 1. My Father had a purchased a property from a GPA holder, and as notarized document of a land was considered to be valid in the state of AP in 1980, my father got the document notarized and since then it is the same. Bases the notarized document he got the GHMC house no. for which we pay tax. The person from whom my father purchased the property is not ready to share the GPA document not sure if he will be ready to register the land in my father's name now. In the year 1994 my father gifted (Oral Hiba) to my mother and that document was also notarized. Her name was mutated in GHMC and the tax receipts come in her name. We have also got electricity connection and water connection bases the same. Could you please help us understand where we stand legally. 1. Is there a possibility that we get the Hiba document registered and then sell the property or register the document as settlement deed (Which one will be valid). 2. Will the document be considered as valid and become a link document. 3. Bases the registered (Hiba or settlement Document) new buyer's registered document can the new buyer apply for loan etc. Query no. 2 My Father had purchased a agriculture land in the year 1987 and since then we are in possession of the same. We used to do farming on that but in the year 1992 due to some local riots we were not able to go there and do some farming. Later the owners of the adjacent land have blocked our entry though it shows in the sale deed map and was also confirmed by the owner from whom we had purchased. It was told by the owner at the time of purchase this is a jungle and everyone will have to give atleast a cart way route to each other's land. Recently the complete way has been blocked and none of the other owners are agreeing to give us way to the land. 1. Is there an option in Land Law that it is mandatory that they give us way if it is mentioned in the sale deed? 2. Will the Mandal authority have right to interfere and help us secure our enter route bases the documents. 3. As a Executive Magistrate can the mandal officer enforce the other land owners to give us way rather then ask us to go to court - we do not want to approach the court as that will be very time consuming. Looking forward for an expert advise from you. Thanks Mohammed
1) your tithe to property is not clear and marketable
2) notarised sale deed dies not confer clear and marketable title to property
3) ask seller to execute deed of confirmation and have it registered. Notarised sale agrrement can be annexed ti sale agreement
4) even if you register the gift deed executed by father in favour of mother or woukd not confer clear and marketable title to property
5) loan would not be sanctioned
As far as second query is concerned you can move court and claim easmentary right of necessity to access your land
2) you can obtain permanent injunction restraining your neighbour from obstructing your right of passage
3) 1) under section 32 of easement act you have Right to enjoyment without disturbance. -The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person.
4) under section 35 of easement act injunction can be granted restraining disturbance of the easement
5) mandal authorities would not be able to grant you access
1. Is there a possibility that we get the Hiba document registered and then sell the property or register the document as settlement deed (Which one will be valid).
The Hiba whether registered or not is valid and it is valid even if there was a oral hiba.
However, the notarised title document cannot be held as a valid title document even to execute this hiba, but since the property has been in your possession for more than 3 decades, a st for declaration of title can be filed before court, get the title declared after which the property can be sold by executing proper and registered sale deed document favoring buyer.
2. Will the document be considered as valid and become a link document.
This is a circumstance being created, hence the validity will depend upon the buyer's lawyer's opinion for the purchase of this immovable property.
3. Bases the registered (Hiba or settlement Document) new buyer's registered document can the new buyer apply for loan etc.
The answer to the above question is the same for this too.
1. Is there an option in Land Law that it is mandatory that they give us way if it is mentioned in the sale deed?
You are protected by the provisions of law governing easement rights hence a suit claiming easement rights for ingress and egress to your property may be claimed as a rleif through court of law agaisnt those people who block your way for access to road.
2. Will the Mandal authority have right to interfere and help us secure our enter route bases the documents.
They may be toothless in this regard, only court has full power to ensure your rights and interests are protected legally.
3. As a Executive Magistrate can the mandal officer enforce the other land owners to give us way rather then ask us to go to court - we do not want to approach the court as that will be very time consuming.
If you have wasted such a long time why dont you wait for some more time to get the reliefs properly and lawfully through a civil court.
The mandal courts may not be very effective and you may have to rush to the civil court only after you are not getting relief from them.
1. Under Muslim law a gift deed i.e hibanama does not require mandatory registration. The mere delivery of possession is sufficient in case of Muslims. Even without registration of hibanama the title of donee is clear if the donor had the competent to gift it.
2. Your mother may convey the title to any prospective buyer on the basis of the hibanama.
Query no.2
You are required to file a suit for recovery of possession against the trespassers to get back the possession of your land. Also file a criminal complaint under section 452 and 339 IPC.
Thank yo so much for the expert advises really appreciate, One last thing i would like to check relating to the 1st question: For the 1st notary document (that is in my father name) if i get a validation done (By Paying fee as off the purchase year and penalty) and then register a settlement on hiba in my mothers name (From my Father hiba to my mother) will that hold any good and can the validated property document be used a link to the property. Would this help for getting loans from banks. For the 2nd query: I personal do not want to go to the court for getting the easement rights as that is very time consuming and also i sure u also know the phase at which the court case progresses. Any other alternate in this regard will be really appreciated. Thanks Mohammed Ahsanuddin
1) deed of confirmation can be executed duly stamped and regsitered to confer clear and marketable title to property
2) then gift deed can be executed by father in your favour . although regsitration is not mandatory among muslims for hibanama bank insist on regd gift deed before sanctioning loan
3) you have no other alternative but to got o court to claim easmentary rights in the second case
Registration of settlement deed or Hiba can be done as on this date only, because the maximum period for registration of a document after it being executed is four months only.
If you can find an alternate solution for this situation without approaching court of law then you may try that option, exhaust all such remedies before taking action through due process of law.