• Ownership of house

House on my fathers name as per municipal records ( house tax being released on my fathers name and also paid by my father since 40 yrs aprox )
Land on which house is built on my fathers elder brothets name ( at time of registration they were under age)
Tax payer ,caretaker -my father
25 yrs back case filled by fathets brothers in district court, later on case dismissed by court in favour of my father for being tax payer for such a long time.
Before that my fathers elder brothers never took interst on property as they were settled abroad and suddenly they threatened us to move out one day.
 Ownership of house done on my mothers name by my father few months back but recently both of them expired.
 Muncipality indicated the will holds nil value as land is registerd on some one elses name.
 I wish to register house on my name.
 What is the possibilty and what procedures r to be followed?
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) apply for probate of mother will

2) on basis of probate obtained apply for mutation of house in your name

3) file suit for partition claiming share in land as it was bought in uncle name for benfit of joint family

4) mention that uncle had no source of funds for purchase of land as he was minor at that point of time

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

you have to file suit for partition claiming share in land as bought in uncle name for benfit of joint family

uncle was mere trustee of land for benfit of joint family

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. You can apply for mutation of the house in your name on death of your parents.

2.However since land do not belong to you the Municipality may mutate only the house and not the land.

3.I am not sure which suit your father had won.

4. Anyway if the result of the suit remains in your favour then you do not face any immediate threat of being evicted from the house.

5.However your uncles/cousins can file suit for its recovery.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Muncipality indicated the will holds nil value as land is registerd on some one elses name.

I wish to register house on my name.

What is the possibilty and what procedures r to be followed?

Though the house is constructed on the property that belonged to someone else and this was not objected and also a case in this regard was already dismissed and decided in your father's favor based on the documentary evidences he produced before court, you may proceed to transfer the revenue records on your name provided you get a NOC for your siblings or other legal heirs of your father.

If the authorities refuse to transfer the revenue records or other records as desired, then you may file a declaratory suit in the court to declare your title and on the basis of court judgment declaring your title you may get the records transferred on your name.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

How can i approach for the ownership of land too on which the house is built?

Alternately you can enter into a lease agreement with retrospective effect for the land lease on which yor house has been constructed and can get it registered now by paying the applicable stamp duty.

If the landlord is not accepting or agreeing then you may file a declaratory suit to declare your title on the property on the basis of adverse possession.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. House is not registered in any body's name but the title deed is registered in favour of the owner.

2. Ordinarily, the title holder of the land in whose name the title deed has been registered is considered as the owner of the property.

3. However, if your father has already been adjudged as the owner of the property for his paying the tax for 25 years, the matter of ownership has already been settled by the Court.

4. You should now mutate your name as the owner of the said property by submitting an application enclosing the death certificate, legal heir certificate of your father and also copy of the order adjudging your father as the owner of the property, to the BLRO for the said mutation.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You can not have any deed registered in your name since you have not bought the said property but inherited it from your father who got the ownership of it by virtue of a Court order.

2. You shall have to mutate your name in the records of the BLRO and can sell the property by registering a sale deed in favour of the buyer based on the said court order and the legal heir certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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