Hi My parents have a property in India. Both parents are deceased ,and there is no will . 2 members of the family have transferred their names on the property whilst they were in India . All siblings live abroad . They are saying that the other 4 siblings are also registered but are not giving any proof / evidence . How can we find out if our names are registered on the property ? Thank you
You can take search in revenue records as to whether mutation of names of legal heirs has been done or not on the property
2) for carrying out mutation notice has to be given to all legal heirs
3) if no objections are received then only mutation would be done
4) contact a local lawyer
Get the copy of mutation certificate of the said proeprty from the localunciaplity.if names of all siblings appear then there is nothing to worry.
Whether the names of other siblings are kissing or not their right of equal share n the proeprty cannot be relinquished without their consent.
hence they can at any point of time file a suit for partition to claim their share and seel separate possession.
Dear Sir,
1. You may not found all the particulars of properties online since in India such procedure not adopted in many States. However in Karnataka it is possible in respect of landed properties but you must know the details of survey numbers of lands and situation of lands. The relevant link is given below, may be helpful to you.
http://landrecords.karnataka.gov.in/service38/
2. I would have provided you relevant information of your State in India but you have not disclosed same in the above question.
3. You may ask any local advocate or relative in India to get the details from the concerned revenue office in respect of lands and from local authority in respect of landed properties.
4. Lastly, such details aslo available in the office of Sub-Registrar where the properties are situated.
1. If you have not applied for mutation then your names cannot be incorporated in the mutation certificate.
2. Apply for a certified copy of the mutation certificate in the office of tehsildar. This is the only way to ascertain it.
If its a property in Co-operative society you will get the record in register maintained by society from the name on share certificate.
If it's transferred through gift deed then it will be registered with sub registrar office. You can get the record from there.
Mostly it's your parents property so there cant be sale to your siblings. So the property will be transferred through above methods as there is no will you said.
Hello,
You will have to engage a local lawyer who can do the inspection of records in the Registrar office and can tell you that whether your name is there or not.
Regards
You have to approach the local sub registrar office to get the details.
In case if you have survey number, try searching online.
Hi, the way to find out is at the revenue record office in the respective area .. It is advisable to confirm it soon , and if it is not transfered go ahead in filing a civil suit for declaration and Permanent injuction
Dear Client,
They must have got the property mutated in their name in municipal/revenue records on the basis of inheritance.
In application for transfer of name, must have given details of all legal heirs/siblings and if not than case of cheating.
File RTI online to get documents or personal inspection.
1. Property in India, CANNOT be registered, in absence of the Parties (to the exception of POA holders). The Registrar of Sub-Assurances will not register the Deed, IF the four /all siblings are not present before him, with their photographs and finger prints and now currently the Aadhar Card.
2. A local lawyer should be able to conduct SEARCH of the records in the local office of the Registrar of Sub-Assurances and even officially requisition/procure certified copy of the said DEED.
Keep Smiling .... Hemant Agarwal
Our names are only on the panchayat register (village register) and no where else. Do we have to get the names on the property via sub register office too ??? Do i get a local lawyer to do this? If needed what documents are required to get th names registered at the sub registrar office , what documents ar required to prove that it is the parents property - as I have no documents apart from all the siblings belonging to the named parents , which is registered on the village register - Is this sufficient to get a share of the property . Thanks
1)entry in panchayat register would be sufficient to get share of the property
2) it is advisable you contact a local lawyer in this regard
1. Engage a local lawyer for this..
2. The death certificate of parents along with id proofs of you are required to apply for mutation.
Yes it will be sufficient for you to show that all the siblings belong to the name d parents.
Contact a local lawyer and he will help you in preparing all the required documents and affidavits.
Regards
Getting records from sub registrar office is possible only if you have survey numbers of those properties. Once you have survey number, then getting copies of the documents will be simple. Once you have the certified copies, then, you can go for declaration in the court to get the title in your favour and once decreed, the property is ready to be sold.
I am from chennai,
Your question is that the properties that belonged to your parents, after their intestate death, some of your siblings have taken them on their name alone without giving your legitimate share in the property?
In that case you can file a partition suit and seek separate possession of your rightful share in the property.
Our names are only on the panchayat register (village register) and no where else.
Do we have to get the names on the property via sub register office too ???
Do i get a local lawyer to do this?
The names in the register of the village revenue register shall be the proof that you are the successor to the deceased property owner.
You cannot get it registered to your name until there is any transaction in this regard.
If you want to get the property registered to your name, then either you all can draw an amicable partition deed among yourselves and get it registered or one of you may relinquish his/her rights in favor of other which shall be a registered document after which the property will find an encumbrance in your name.
You may better consult an advocate in the local by producing all the relevant papers held in your possession and seek his suggestion on further steps in this regard.
1. You shall have to conduct a search at the local registry Office in connection with the said property to find out in whose name the said property stands as of date.
2. Title of property can not be transferred without any deed or will and in the instant case through which document the title of the said property was transferred?
3. In the worst case scenario, it could be that the said siblings had executed and registered a partition deed showing only the two of them as the legal heirs of your father to own his property.
4. With out your signature, no settlement/partition deed can be legally registered.
5. Conduct the said Registry search as advised above and act thereafter based on your findings.
6. If your names are not found in the document/deed registered before the Registry office, challenge the said document illegally registered before the registrar by filing a partition suit claiming partition of your father's properties.
Get the legal heir certificate by applying Tehsildaar.
Name will change in the revenue records at tehsil office.
1. Names are not registered before the Registrar where title deeds are registered.
2. Partition/settlement/sale/gift deed which conveys the title of a property is required to be registered before the Registrar by paying the required stamp duty and registration fee.
3. From such deed which has been registered last, the latest title holder of the property can be found out.
4. All of you can execute and register a settlement/partition deed by which your father's said property will be partitioned and your names as its title holders will be registered by the Registrar.
1. "panchayat register (village register)" does not confer any Title-Ownership Rights over the immovable property. The office of the Panchayat, maintains records ONLY for the purpose of Services /Tax /Cess /Levy of the local body, applicable to the immovable constructed property within its jurisdiction.
2. In the absence of a registered Will document of the deceased parents, the legal solution, for a Clear Marketable Title, would be to get a Stamp Duty paid Registered "Family Settlement Deed" for the immovable land property, with mutual consent of all the residual legal heirs, before the Registrar of Sub-Assurances.
3. Using the services of a local lawyer and documents like Ration Card or Aadhar Card or Birth Certificates, etc...., for conclusively proving the legal heir''ship /blood relation with the deceased parents, of all the legal heir/s, the above point no. 2, can be successfully concluded, to include the name of the participating & Consenting Legal Heirs, in the Revenue Office Records
Keep Smiling .... Hemant Agarwal
Hi, you are suggested to prepare one special power of attorney and get the things done by that attorney.
